Lamont Donnell Sholar, pro se, appeals his judgment of conviction for five counts related to sex trafficking and the circuit court order denying his motion for postconviction relief without a hearing.
Read More »Tag Archives: Civil Digest
Termination of Parental Rights
Sarah appeals from orders terminating her parental rights to her two daughters, Nora and Abby, based upon her failure to assume parental responsibility for them.
Read More »Court Error – Abuse of Discretion
It is criminal “distribut[ion]” of child pornography within the meaning of 18 U.S.C. § 2252(a)(2) to knowingly make a file containing child pornography available for others to access and download via a peer-to-peer filesharing network.
Read More »Sufficiency of Evidence
A jury found Carl McAdory guilty of two driving-related offenses after hearing evidence that a chemical test of a sample of his blood, drawn after he was arrested following a traffic stop, showed the presence of cocaine and marijuana.
Read More »Sentencing Guidelines
Ya Yang appeals his below-guidelines sentence, arguing that the district court erred because it considered an audio file at sentencing that was not publicly available on the court’s electronic docket.
Read More »Court Error – Abuse of Discretion
Joan and Rick Scalcucci appeal a summary judgment order dismissing their personal injury suit against the City of Madison and the County of Dane (collectively, “the Municipalities”).
Read More »Sentencing Guidelines – Enhancement
Following an investigation of an Indianapolis‐based drug trafficking organization, the government secured a warrant to search Juan Zamudio’s residence, where they found large amounts of methamphetamine, a digital scale, and a loaded firearm.
Read More »Abuse of Discretion – Restitution
Alex Scott Stone appeals from an order requiring him to pay restitution of $6,008.60 to the victim, M.S. Stone claims the circuit court erroneously exercised its discretion in making the restitution award either in misinterpreting WIS. STAT. § 973.20 (2017-18)2 or because Stone did not have the ability to pay.
Read More »Ineffective Assistance of Counsel
Roman T. Wise appeals from a judgment of conviction for four counts of fleeing or eluding an officer and an order of the postconviction court denying, without a hearing, his motion seeking to vacate three of his convictions on the basis that he received ineffective assistance of counsel.
Read More »Sentence Credit
This is a review of an unpublished decision of the court of appeals, State v. Lira, Nos. 2019AP691-CR & 2019AP692-CR, unpublished slip op. (Wis. Ct. App. Sep. 29, 2020), affirming in part and reversing in part the Milwaukee County circuit court's order denying Cesar Antonio Lira's motion for sentence credit.
Read More »Prima Facie – 1st Amendment Violation – Retaliation Claim
After a steady buildup of performance problems, Beth Sweet lost her job as a customer-service representative in the clerk-treasurer’s office in the Town of Bargersville, Indiana.
Read More »Order Correcting Opinion – Rehearing Denial Order
Defendants-Appellees filed a petition for rehearing and rehearing en banc on September 2, 2021.
Read More »Breach of Contract – FCA Violation
Sophisticated players in the healthcare market know that services come at a cost; providers charge fees commensurate with the services rendered; and payors expect to receive value for their money.
Read More »ADEA Violation
Joel Reinebold applied to be the head baseball coach of Indiana University South Bend (“IUSB”). After IUSB declined to hire Reinebold, he sued IUSB, Athletic Director Steve Bruce, and Assistant Athletic Director Tom Norris under the Age Discrimination in Employment Act (“ADEA”) and 42 U.S.C. § 1983.
Read More »Habeas Relief – Equitable Tolling
Samuel Moreland argues his federal habeas corpus petition was erroneously dismissed when the district court concluded that the petition was time barred and circumstances did not warrant equitable tolling.
Read More »Involuntary Commitment and Medication
Tiffany appeals from an order extending her involuntary commitment and an order for involuntary medication and treatment, both entered pursuant to WIS. STAT. ch. 51.
Read More »Sex Offender Placement – Intervention
This chapter 980 commitment case began in 2001 with the filing of a petition in the circuit court requesting that Charles Montgomery be committed as a sexually violent person.
Read More »Order Correcting Opinion
PLEASE TAKE NOTICE that a correction was made to the heading in section II.C. on page 10 in the above-captioned opinion which was released on November 11, 2021.
Read More »De Novo Review – Property Survey
Lisa A. Riegleman Revocable Trust (“the Trust”) appeals a final judgment, entered following a bench trial, determining the northern boundary of property that it owns in Lisbon, Wisconsin (“the property”).
Read More »Claim Preclusion
Tissue Technology, LLC, appeals an order granting summary judgment and dismissing its third-party complaint against Nicolet Bankshares, Inc. (Nicolet).
Read More »Eviction – Writ of Restitution
In these consolidated matters, Carson D. Combs, pro se, appeals an order granting summary judgment in favor of his landlord, Lincoln Manor, in a civil lawsuit that Combs filed.
Read More »Termination of Parental Rights
T.E.-P. appeals the order of the circuit court terminating her parental rights to her daughter, A.G. T.E.-P. contends that the circuit court erroneously exercised its discretion at the dispositional hearing when it found that it was in A.G.’s best interests to terminate T.E.-P.’s parental rights.
Read More »Abuse of Discretion – Plain Error
Alexis Reyes appeals a judgment convicting him, after a jury trial, of one count of attempted first-degree intentional homicide as an act of domestic abuse and one count of first-degree reckless injury by use of a dangerous weapon.
Read More »Order Correcting Opinion
PLEASE TAKE NOTICE that corrections were made to page twentynine in the above-captioned opinion which was released on November 9, 2021.
Read More »Statutory Interpretation – Limitation Act
Donald Sarter drowned after the vessel Monark #2 capsized in Lake Superior.
Read More »Sufficiency of Evidence
Steven Tyrone Bratchett appeals his judgment of conviction for burglary, armed robbery, and attempted third-degree sexual assault, with various penalty enhancers and as a party to a crime.
Read More »Prisoner – 8th Amendment Violation
William Dean developed kidney cancer while incarcerated at Taylorville Correctional Center in central Illinois.
Read More »Issue of Material Fact – Child Trespasser Exception
Khiley Johnson appeals a summary judgment granted in favor of Marshfield Clinic Health System, Inc. (Marshfield Clinic) and its insurer, Proassurance Casualty Company.
Read More »Termination of Parental Rights – Abuse of Discretion
In these consolidated appeals, B.J. challenges the circuit court’s entry of partial summary judgment in the grounds phase of a termination of parental rights (TPR) proceeding as to his three minor children, “Ben,” “Mary,” and “George.”
Read More »OWI – Implied Consent – Suppression of Evidence
Terence S. O’Haire appeals a revocation judgment for unlawfully refusing to submit to an implied consent test (the “refusal”), a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, first offense (the “OWI” offense), and a judgment of conviction for possession of an open intoxicant in his motor vehicle (the “open intoxicant” offense).
Read More »