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Tag Archives: Civil Digest

Habeas Relief – Due Process Violation

Roscoe Chambers, a federal prisoner, appeals the denial of two petitions for a writ of habeas corpus, see 28 U.S.C. § 2241, asserting that he was denied due process in prison disciplinary hearings.

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Redistricting – Remedial Maps

The Wisconsin Constitution requires the legislature "to apportion and district anew the members of the senate and assembly, according to the number of inhabitants" after each census conducted under the United States Constitution...

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Evidentiary Hearing

Terrence T. Whitaker appeals pro se from a circuit court order denying his WIS. STAT. § 974.06 (2019-20) motion without an evidentiary hearing.

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Ineffective Assistance of Counsel

Darryl Clarence Agnew appeals a judgment of conviction, following a jury trial, of possession of between one and five grams of cocaine, with the intent to deliver, as a second or subsequent offense.

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Attorney Disciplinary Proceedings

We review a report filed by Referee Jean A. DiMotto, recommending the court suspend Attorney Walter W. Stern, III's license to practice law for a period of 45 days for three counts of professional misconduct.

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Statutory Interpretation – Health Care Records – Fee Restrictions

We review the court of appeals' decision reversing the circuit court's dismissal of Andrea Townsend's claim against ChartSwap, LLC ("ChartSwap") for unlawfully overcharging her for copies of her medical records in contravention of the fee restrictions set out in Wis. Stat. § 146.83(3f) (2017-18).

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Involuntary Commitment

The petitioner, E.J.W., seeks review of an unpublished, authored decision of the court of appeals affirming the circuit court's order extending his involuntary commitment.

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Due Process Violation

Jeffrey L. Hineman appeals from a judgment of conviction, following a jury trial, for first-degree sexual assault of a child under the age of thirteen and from an order denying him postconviction relief.

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Abuse of Discretion – Motion for Reconsideration

Roger Shaide, Roxanne Shaide, Mikel Huppert, and Kelly Huppert (collectively, “the Shaides”) appeal an order in which the circuit court granted Steven and Teresa Sullivan’s motion for reconsideration of a prior order that determined the parties’ respective rights to a disputed area of waterfront property.

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Statutory Interpretation – Sales Tax

Citation Partners, LLC is in the business of leasing aircraft. At issue in this case is whether the total amount paid for an aircraft lease is subject to sales tax, or, if portions of a lease payment attributed to aircraft maintenance and engine maintenance are statutorily exempt from sales tax.

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Derivative Suit – Validity of Claim

The Estate of Stephen O’Bryan, Brendan Tim O’Bryan, Joan O’Bryan Herriott, and the remaining plaintiffs appellants named in the caption above appeal from an order of the circuit court dismissing their derivative action against Lakewood Farms, Inc. (LFI) and against David L. O’Bryan, Thomas O’Bryan, and various other O’Bryan family members, all on LFI’s board of directors.

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4th Amendment Violation

Lamondo Turrubiates appeals from an order that: (1) compelled him to disclose his cell phone passcode to law enforcement...

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Court Error – Abuse of Discretion

Darrell Anthony Killebrew appeals a judgment of conviction for one count of possession of a firearm by a convicted felon, one count of disorderly conduct as an act of domestic abuse with use of a dangerous weapon, and one count of threat to a law enforcement officer, with all counts as a repeat offender.

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Ineffective Assistance of Counsel

Emanual Santana appeals from a judgment of conviction for one count of first-degree sexual assault and an order denying his postconviction motion, without a hearing.

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