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Tag Archives: Civil Digest

Miranda Warnings – Motion to Suppress Denied

Nathan Leopold appeals a judgment of conviction following his no contest pleas to two offenses: homicide by operation of a motor vehicle, with a detectable amount of restricted controlled substance in his blood; and operating a motor vehicle with a detectable amount of restricted controlled substance in his blood, causing injury.

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Plea Withdrawal

Justin Douglas appeals a judgment of conviction and an order denying his motion for postconviction relief.

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Pleas & Sentencing – Sentence Modification

Sherri Blackshear appeals from a judgment convicting her on her guilty plea to delivery of heroin (< 3 grams) as a second or subsequent offense and as a repeat offender resulting from a purchase involving a confidential informant (CI) working with the Kenosha Drug Operation Group.

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Plea Withdrawal and Other Acts Evidence

Michael E. Doege appeals from a judgment of conviction entered upon his guilty plea to one count of identity theft, and from an order denying his postconviction motion for plea withdrawal.

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Judgment Award

Jeffrey and Sherilyn Van Goethem appeal a foreclosure judgment granted on U.S. Bank National Association’s (U.S. Bank) summary judgment motion.

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Insurance Claim – Coverage

John Doe appeals the order granting summary judgment to Big Brothers and Big Sisters of Metropolitan Milwaukee (BBBS) and BBBS’s insurance carrier, First Nonprofit Insurance Company (First Nonprofit).

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Ineffective Assistance of Counsel

Breion Shequille Woodson appeals the judgment of conviction entered after a jury found him guilty of possession of a firearm by a person adjudicated delinquent for an act that would be a felony if committed by an adult and possession with intent to deliver more than forty grams of cocaine, as a party to a crime, as a second and subsequent offense.

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Sentencing Modification

Murry Locke, pro se, appeals from an order denying his motion for sentence modification based on two allegedly new factors.

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Estate – Motion for Recusal Denied

Richard Lauer, pro se, challenges those parts of an order that denied a petition to remove his brother, Dennis Lauer, as personal representative of their mother’s estate, and denied a motion for recusal of the judge.

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Personal Jurisdiction

mGage, LLC, appeals the trial court’s nonfinal order denying its motion to dismiss CITGO Petroleum Corporation’s complaint on the grounds of lack of personal jurisdiction.

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Sufficiency of Evidence

A jury found Scott Ginsberg guilty of bank fraud. On appeal, he argues there was insufficient evidence that he knowingly defrauded the banks.

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Statutory Interpretation – Motor Carrier Act Violation

Leonid Burlaka, Timothy Keuken, Travis Frischmann, and Roger Robinson are truck drivers who brought individual, collective, and class action claims against Contract Transport Services (CTS), their former employer, for failing to provide overtime pay in violation of the Fair Labor Standards Act (FLSA), which requires overtime pay for any employee who works more than forty hours in a workweek.

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Punitive Damages

Without permission from Epic Systems, Tata Consultancy Services (“TCS”) downloaded, from 2012 to 2014, thousands of documents containing Epic’s confidential information and trade secrets.

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Petition for Rehearing En Banc

On consideration of plaintiff-appellant’s petition for rehearing and rehearing en banc, filed on June 16, 2020, a majority of the panel voted to deny rehearing.

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Court Error – Motion for Summary Affirmance

Appellee the United States asks this court to summarily affirm the district court’s dismissal of appellant Tim Jon Semmerling’s complaint because his appellate brief does not assert any error in the district court’s decision.

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Jury Instructions

A jury convicted Blair Cook of being an unlawful user of a controlled substance (marijuana) in possession of a firearm and ammunition.

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Appellate Jurisdiction

The False Claims Act allows the United States government to dismiss a relator’s qui tam suit over the relator’s objection with notice and opportunity for a hearing.

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Ordinance Interpretation and Sufficiency of Evidence

Greg Douglas Griswold appeals a circuit court judgment finding him guilty of violating a Village of Muscoda ordinance that provides: “No person may violate any rules or regulations that have been enacted by the Librarian or the Library Board.”

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Involuntary Commitment

R.J. was involuntary committed for treatment for six months pursuant to WIS. STAT. § 51.20, and he was subsequently recommitted for a period of one year.

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Court of Error – Admittance of Evidence

William Heaney appeals from a judgment dismissing his small claims replevin action seeking the recovery of three oil portraits hanging in the lobby of the “Oshkosh Northwestern Building,” a building owned by Oshkosh Business Center III, LLC. He asserts the circuit court erred in refusing to admit as evidence at the trial authorizations signed by his cousin and his cousin’s widow and erred in ultimately concluding he had not met his burden of proof to establish ownership of the portraits.

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