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Civil Digest

Jul 6, 2021

Court Error – Standard of Reasonableness – TLO

Blong Vang appeals a judgment of conviction, following his guilty plea, on one count of conspiracy to commit child abuse—intentionally cause bodily harm, contrary to WIS. STAT. §§ 948.03(2)(b) and 939.31 (2019-20).

Jul 6, 2021

Motion to Suppress Evidence Denied

An informant gave South Bend police the number to a phone that drug dealers in the South Bend area were supposedly using to sell drugs.

Jul 6, 2021

PLRA Violation – IFP Application

Under the Prison Litigation Reform Act (“PLRA”), prisoners filing petitions to proceed in a suit in forma pauperis (“IFP”) can’t deliberately misrepresent their financial status.

Jul 6, 2021

FMLA Violation – Collective Bargaining Agreement – Arbitration

Plaintiff-appellee and cross-appellant John F. Cloutier was a pilot for defendant-appellant and cross-appellee GoJet Airlines, LLC.

Jul 6, 2021

Sufficiency of Evidence – Unconditional Writ

Kenneth Smith has been in state prison for nineteen years for a murder and robbery that he insists he did not commit.

Jul 6, 2021

First Step Act Violation – Motion for Compassionate Release

In his plea agreement, defendant David Bridgewater waived the right to seek any modification of his sentence.

Jul 6, 2021

6th Amendment Violation – Confrontation Clause

Emmanuel Hart was convicted by a jury of robbing two Chicago banks in violation of 18 U.S.C. § 2113(a).

Jul 6, 2021

Jury Instructions

Over the course of a three-week crime spree in October 2017, Rex Hammond robbed, or attempted to rob, seven stores at gunpoint in Indiana and Michigan.

Jul 6, 2021

ADEA Violation – Retaliation Claim – Time-barred

Amit Sinha appeals the rejection of his retaliation claims against his employer, Bradley University, under the Age Discrimination in Employment Act.

Jul 6, 2021

Statutory Interpretation – Illinois Insurance Code – Extracontractual Damages

This appeal is part of an ongoing, decade-long, three-lawsuit fight between an insurer, Selective Insurance Company of the Southeast, and its insured, Creation Supply, Inc. (“CSI”), over who owed what when.

Jun 30, 2021

Sentencing Guidelines – Abuse of Discretion

Under Miller v. Alabama, 567 U. S. 460 (2012), an individual who commits a homicide when he or she is under 18 may be sentenced to life without parole, but only if the sentence is not mandatory and the sentencer therefore has discretion to impose a lesser punishment.

Jun 30, 2021

Attorney Disciplinary Proceedings

This disciplinary matter comes to the court on Attorney James C. Ritland's appeal and the Office of Lawyer Regulation's (OLR) cross-appeal of a report and recommendation of Referee Allan Beatty.

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