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Civil Digest

Oct 18, 2021

Appellate Jurisdiction

Wisconsin inmate Marvin Carter has waited four years and counting to challenge his 2017 sentence on direct appeal in state court.

Oct 18, 2021

Summary Judgment – Discrimination and Retaliation Claims

Robert Bless, a police officer for the Cook County Sheriff’s Office, was fired after an internal review board determined that he had violated office policies and then lied to investigators about his misconduct.

Oct 18, 2021

Tax Code – Spousal Relief

Married since 1967, John and Frances Rogers filed joint federal income tax returns for many years.

Oct 18, 2021

Equal Protection Claim – Sex Offender Registration Act

Indiana’s Sex Offender Registration Act (“SORA”) imposes registration requirements and restrictions on sex offenders who reside, work, or study in the State. Ind. Code § 11-8-8-1 et seq.

Oct 18, 2021

Anti-Terrorism Act – Subject-matter Jurisdiction

In 1996 David Boim was shot and killed by Hamas terrorists while studying abroad in Israel.

Oct 18, 2021

Statutory Interpretation – RCRA – Imminent or Substantial Hazards

Between 1937 and 2006 Johnson Controls and a predecessor operated a manufacturing plant in Goshen, Indiana.

Oct 14, 2021

CHIPS – Newly Discovered Evidence

M.T.W. appeals from a dispositional order entered after a jury verdict, adjudicating C.M.R.-W. as a child in need of protection or services (CHIPS). M.T.W. filed a postdisposition motion a year later contending that newly discovered evidence warranted a new trial.

Oct 14, 2021

Abuse of Discretion – Juvenile Court Jurisdiction Waiver

M.C. appeals from an order of the circuit court. He contends the court “erroneously exercise[d] its discretion when it waived M.C. into adult court without considering the suitability of the serious juvenile offender program.”

Oct 14, 2021

Involuntary Commitment and Medication

Peter Farnsworth appeals an order committing him for treatment in order to restore him to competency to proceed in his criminal case, and subjecting him to involuntary medication.

Oct 14, 2021

Termination of Parental Rights

In this termination of parental rights (“TPR”) action, the Douglas County Department of Health and Human Services (“the County”) filed a petition to terminate David’s parental rights to his son, Dylan, based on two grounds: continuing need of protection or services (“continuing CHIPS”), see WIS. STAT. § 48.415(2); and failure to assume parental responsibility, see § 48.415(6).

Oct 14, 2021

Plea Colloquy

Donald Christopher appeals from an order denying his postconviction motion for plea withdrawal based upon claims of a defective plea colloquy and several instances of ineffective assistance of counsel.

Oct 14, 2021

Admission of Evidence – Expert Testimony

A jury found Kelly Lagerstrom guilty of operating a motor vehicle with a prohibited alcohol concentration (PAC), as a first offense.

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