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Civil Digest

Sep 1, 2021

Plea & Sentencing – Jury Instructions

Federal law prohibits the possession of firearms by certain categories of individuals, including by those who have been convicted of a crime punishable by more than one year in prison.

Sep 1, 2021

Statutory Interpretation – First Step Act – Mandatory Minimum Penalty

In 1986, Congress established mandatory-minimum penalties for cocaine offenses.

Sep 1, 2021

Plea & Sentencing – Plea Withdrawal

This case is before the court on bypass pursuant to Wis. Stat. § (Rule) 809.60 (2019-20).

Sep 1, 2021

Suppression of Evidence – Good Faith Exception

Both the State of Wisconsin and Dawn Prado seek review of a published decision of the court of appeals, which determined that Wisconsin's incapacitated driver provision contained within the implied consent statute, Wis. Stat. § 343.305 (2017-18) is unconstitutional.

Sep 1, 2021

Jury Instructions

In the middle of the night, Alan M. Johnson snuck into the home of his brother-in-law (K.M.) seeking evidence of child pornography.

Aug 31, 2021

Motion to Suppress Denied – Poly-graph Interview

This case is about a post-polygraph interview.

Aug 31, 2021

Certification Question – Guilty-plea-waiver Rule

This case is before us on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2019-20).

Aug 31, 2021

Sentencing Guidelines – Probation

Jordan Lickes seeks review of the court of appeals decision, which reversed the Green County Circuit Court's order expunging three of Lickes's convictions.

Aug 31, 2021

Insurance Claim – Duty to Defend

Dianna and Kenneth Sunday (collectively “the Sundays”) appeal from a judgment declaring that McMillan-Warner Mutual Insurance Company and Mt. Morris Mutual Insurance Company had no duty to defend or indemnify Nicholas Sempf Nyren (“Nicholas”) due to exclusions in the applicable homeowners’ policies for bodily injuries resulting from the criminal acts of an insured.

Aug 31, 2021

Abuse of Discretion – Expert Testimony

James Burke appeals a judgment of conviction, entered upon a jury’s verdict, for physical abuse of a child by intentionally causing bodily harm.

Aug 31, 2021

Ineffective Assistance of Counsel

Jeromy Mathews appeals a judgment of conviction for repeated sexual assault of a child and an order denying his postconviction motion.

Aug 31, 2021

Abuse of Discretion –Divorce – Child Placement

Clayton Lennon Daniel Sims appeals the judgment of divorce awarding sole custody and primary placement of the child he shares with Esther Johnson to Johnson.

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