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Tag Archives: Civil Digest

Postconviction Relief – Evidentiary Hearing

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.

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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.

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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.

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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.

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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.

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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”).

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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”).

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Claim Preclusion

Tissue Technology, LLC, appeals an order granting summary judgment and dismissing its third-party complaint against Nicolet Bankshares, Inc. (Nicolet).

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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.

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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.

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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.

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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.

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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.

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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.”

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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).

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