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Dec 7, 2021

Summary Judgment – Jurisdiction

William White sued several federal agencies under the Freedom of Information Act, 5 U.S.C. § 552, challenging the pace at which the agencies released responsive records and their alleged failure to reveal other records.

Dec 7, 2021

Sentencing Guidelines – Enhancements

Christian Lovies, wielding a gun, stole Emily Butler’s car as she was filling it with gasoline.

Dec 6, 2021

Settlement reached in civil rights lawsuit filed against Baraboo School District

Dasia F. Banks v. Baraboo School District in the Western District of Wisconsin (case number 20-CV-36) was recently settled in mediation for $862,500.

Dec 5, 2021

Warrantless Search & Seizure – Suppression of Evidence

Henry Wood was arrested for violating his parole. Midway through the arrest, parole agents found methamphetamine hidden underneath the back cover of his cellphone.

Dec 5, 2021

Sovereign Immunity

This appeal is another chapter in concurrent federal and state litigation challenging the construction of a $500 million, 100-mile power line in southwestern Wisconsin.

Dec 5, 2021

Plea & Sentencing – Collateral-attack Waivers

A grand jury indicted petitioner-appellant Jamar Plunkett on a charge of distributing crack cocaine.

Dec 5, 2021

IRS – Claim of Right – Tax Computation

Plaintiffs Kenneth and Ardyce Heiting brought this action seeking an income tax refund of the taxes they had paid on an unauthorized sale of stock by a trust.

Dec 5, 2021

Court Error – Sentence Modification – Criminal Procedure Rule 36

The district court modified David McClain’s two federal prison sentences under Rule 36 of the Federal Rules of Criminal Procedure, and McClain appeals. He contends that the changes—which added 18 months of prison time and required him to re-enter federal prison after he had been released—were not merely clerical.

Dec 3, 2021

Weekly Case Digests – November 29, 2021 – December 3, 2021

Weekly Case Digests – November 29, 2021 - December 3, 2021

Dec 1, 2021

Court Error – Failure to State Claim

Dane County sued Mary Jo Johnson and TCOB2 Irrevocable Trust, seeking injunctive relief and forfeitures for the alleged conveyance of property by Johnson to the Trust in violation of County ordinances governing minimum lot sizes and the preparation of certified survey maps.

Dec 1, 2021

Ineffective Assistance of Counsel

Michael Martin appeals a judgment of conviction for sexual assault of a child under the age of thirteen in violation of WIS. STAT. § 948.02(1)(e) (2019-20) following a jury trial.

Dec 1, 2021

Postconviction Motion – Surcharge Reduction

The issue in this appeal is how many images are “associated with” William C. MacDonald’s crime of possession of child pornography for purposes of assessing the statutorily mandated surcharge of $500 per image.

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