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Civil Digest

Feb 13, 2019

Plea Withdrawal – Ineffective Assistance of Counsel

Samantha H. Savage-Filo appeals from a judgment of conviction for misdemeanor theft and from an order denying her postconviction motion, which sought to withdraw her plea as not knowing, intelligent, and voluntary due to her trial counsel’s ineffective assistance.

Feb 13, 2019

Statutory Interpretation – Federal Arbitration Act

Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court will resolve disputes arising out of the contract.

Feb 13, 2019

Habeas Corpus

The United States Court of Appeals for the Sixth Circuit held that respondent Danny Hill, who has been sentenced to death in Ohio, is entitled to habeas relief under 28 U. S. C. §2254(d)(1) because the decisions of the Ohio courts concluding that he is not intellectually disabled were contrary to Supreme Court precedent that was clearly established at the time in question.

Feb 13, 2019

Statutory Interpretation – Social Security Benefit Fees

Federal law regulates the fees that attorneys may charge Social Security claimants for representation before the Social Security Administration and a reviewing court.

Feb 13, 2019

Qualified Immunity

The question in this qualified immunity case is whether two police officers violated clearly established law when they forcibly apprehended a man at the scene of a reported domestic violence incident.

Feb 12, 2019

Ineffective Assistance of Counsel – Court Error – DNA Testing

Roy A. Whitelow appeals from a judgment of conviction entered after a jury found him guilty of first-degree reckless homicide and from an order denying his postconviction motion for a new trial.

Feb 12, 2019

Voluntary Plea – Court Error

Dionte J. Nowels appeals a judgment of conviction entered on his guilty plea to three felony charges.

Feb 12, 2019

Abuse of Discretion – Other Acts Evidence

James Norwood appeals from a judgment, entered upon a jury’s verdict, for one count of second-degree sexual assault with use of force.

Feb 12, 2019

Plea Withdrawal – Ineffective Assistance of Counsel

Victor Yancey, Jr. appeals the judgment of conviction for one count of misdemeanor battery as a party to a crime to which he pled guilty.

Feb 12, 2019

Plea Withdrawal

Devon Bowser entered guilty pleas to three charges in two separate cases, pursuant to a negotiated plea agreement.

Feb 12, 2019

Retaliation Claim – Abuse of Discretion – Evidentiary Ruling

Michael Thomas, an Illinois prisoner formerly confined at Hill Correctional Center, alleged that prison guards attacked him with excessive force and that the beating and subsequent disciplinary proceedings were in retaliation for lawsuits and grievances he filed.

Feb 12, 2019

Habeas Corpus

Donald Maier appeals the district court’s denial of his petition for habeas corpus relief from his conviction under Wisconsin’s stalking statute.

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