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Civil Digest

Nov 13, 2018

Immigration – Removal Proceedings

In February 2016, the Department of Homeland Security commenced removal proceedings against William Yovanni Molina-Avila.

Nov 12, 2018

Sufficiency of Evidence

A jury convicted Jose Jaime Lopez of several drug-related offenses and the district court sentenced him to life in prison.

Nov 12, 2018

Statutory Interpretation – Rule 32(f) – Form of Briefs

This case came to my attention, as motions judge, when the appellees sought permission to file a brief containing more words than the 14,000 permitted by Fed. R. App. P. 32(a)(7) and Circuit Rule 32(c). Jay Vermillion, the appellant, represented that his brief contains fewer than 14,000 words, after excluding the portions not counted by Rule 32(f).

Nov 12, 2018

Exclusionary Rule – Good Faith Exception

In 2015, federal agents infiltrated a child pornography website called Playpen and deployed a computer program to identify Playpen’s users.

Nov 12, 2018

Probable Cause – Judicial Review – Department of Public Instruction

Wisconsin requires public officials to report certain events or suspicions about teachers to the Superintendent of Public Instruction.

Nov 12, 2018

Court Error – Abuse of Discretion

After the State of Illinois dismissed criminal charges against plaintiff‐appellant Calvin Lindsey for unlawful possession of a weapon, he filed this civil action asserting claims for false arrest, excessive force, false imprisonment, and malicious prosecution under 42 U.S.C. § 1983 and state law assault and battery.

Nov 12, 2018

Plea Withdrawal

At sentencing Tyree M. Neal, Jr. asserted that he was not guilty of conspiring to distribute cocaine because the facts, as he saw them, did not demonstrate that he agreed with others to buy and sell cocaine.

Nov 12, 2018

Statutory Interpretation – Collective Arbitration

Pamela Herrington filed class and collective actions against Waterstone Mortgage Corporation, her former employer, for wage and hour violations.

Nov 12, 2018

FDCPA Violation – Arbitration Agreement

Synchrony Bank hired GC Services Limited Partnership to collect a debt Francina Smith purportedly owed on her Sam’s Club credit card.

Nov 7, 2018

Attorney Disciplinary Proceedings

Attorney Brian P. Mularski appeals Referee Jonathan V. Goodman's report recommending that we deny Attorney Mularski's petition for reinstatement of his license to practice law in Wisconsin.

Nov 7, 2018

Attorney Disciplinary Proceedings

We review a stipulation filed pursuant to Supreme Court Rule (SCR) 22.12 by the Office of Lawyer Regulation (OLR) and Attorney Adam J. Wiensch.

Nov 7, 2018

Attorney Disciplinary Proceedings

We review the report and recommendation of Referee James W. Mohr, Jr., concluding that Attorney Ryan P. Thompson committed 16 counts of professional misconduct and recommending the court suspend his law license for 15 months, order him to pay restitution to one client, A.K., and impose the costs of this proceeding on him.

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