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Tag Archives: Civil Digest

Suppression of Evidence – Blood Test

Kody R. Kohn appeals from a judgment of conviction after a jury found him guilty of operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC), both as second offenses, and of bail jumping.

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Plain Error – Jury Instructions

Philip N. Holland appeals a judgment of conviction for first-degree intentional homicide, theft of moveable property and possession of an illegally obtained prescription.

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Due Process Violation – Arbitration Award

The Green Bay Professional Police Association (hereinafter, “the Association”) and Andrew Weiss (hereinafter, “Weiss”), appeal a summary judgment granted in favor of the City of Green Bay (hereinafter, “the City”), confirming an arbitration award.

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Ineffective Assistance of Counsel

Rodney Lewis Bowman, Sr., appeals from the judgments of conviction for charges of child abuse, strangulation, and witness intimidation, all arising out of his actions toward his sixteen-year-old daughter.

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Abuse of Discretion – Sufficiency of Evidence

Jennifer Brennan, Allen Osterbrink, and Eland Fisheree (collectively, the defendants) appeal from a $10,690.90 small claims judgment in favor of Eland Fisheree LLC (the LLC), James Stoltz, Cynthia VanLanen, and Denise Larson (collectively with the LLC, the plaintiffs).

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Summary Judgment – Title VII Violation

Citing an alleged budget deficit, the Board of Education of the City of Chicago (“the Board”) laid off approximately 1,077 teachers and 393 paraprofessional educators in the summer of 2011.

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Breach-of-contract – Conversion of Property

After the City of Joliet, Illinois, condemned a housing development managed by New West and New Bluff (collectively New West), and paid $15 million for the properties, the parties disagreed about the appropriate disposition of a fund worth roughly $2.7 million.

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Breach of Contract and Negligence Claim

Rapid Die and Molding Co. appeals an order of the Grant County Circuit Court dismissing its claims against Royal Bancshares, Inc. One of RDM’s employees stole funds from the business checking account that RDM maintained with Royal Bank.

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Motion for Reconsideration Denied

In this consolidated appeal, Sandra J. Koziol appeals from orders of the circuit court granting the City of Port Washington’s motion to dismiss her appeal from municipal court convictions and denying her motion to reconsider the dismissal.

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Property Tax Exemption

The City of Milwaukee appeals an order granting summary judgment in favor of Saint John’s Communities, Inc., relating to a property tax exemption dispute.

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Collective Bargaining Agreement – Duty Disability Retirement Benefits

The City of Milwaukee and the Milwaukee Employees’ Retirement System (MERS) appeal the order granting summary judgment to the Milwaukee Police Supervisors Organization (MPSO) and the Milwaukee Professional Firefighters’ Association Local 215 (Local 215) on the issue of the proper calculation of Duty Disability Retirement (DDR) benefits under their respective collective bargaining agreements (CBAs).

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Sherman Act Violation – Failure to State Claim

In Bell Atlantic Corp. v. Twombly, the Supreme Court considered whether a complaint alleging a violation of § 1 of the Sherman Act “can survive a motion to dismiss when it alleges that major telecommunications providers engaged in certain parallel conduct unfavorable to competition, absent some factual context suggesting agreement, as distinct from identical, independent action.”

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Immigration – Removal Order

Eric Nyandwi, facing removal from the United States because of multiple felony convictions, applied for a deferral of removal under the Convention Against Torture.

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Sufficiency of Evidence

A grand jury indicted Alejandro Campos-Rivera for unlawfully reentering the United States after removal. See 8 U.S.C. § 1326(a).

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Sentencing Guidelines

Giavonni Cunningham appeals his sentence for unlawful possession of ammunition, 18 U.S.C. § 922(g)(1), on the ground that the district court miscalculated his range under the Sentencing Guidelines.

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Plea Withdrawal

Adam Sprenger pled guilty to production and possession of child pornography pursuant to a plea agreement.

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Writ of Habeas Corpus – Innocence Exception

This case returns to us after we remanded to the district court for an evidentiary hearing on whether the petitioner could overcome the one‐year time bar to filing his petition for a writ of habeas corpus, under the actual innocence exception.

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Immigration – Removal Order

Anthony Lloyd Murry, a Jamaican citizen, petitions for review of an order of the Board of Immigration Appeals denying him relief from removal.

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Due Process Violation

Plaintiffs Rock River Health Care, LLC, International Nursing & Rehab Center, LLC, and Island City Rehabilitation Center, LLC, (collectively the “Providers”) brought suit under 42 U.S.C. § 1983 and the Medicaid Act, 42 U.S.C. § 1396a et seq., alleging that the Illinois Department of Healthcare and Family Services (the “Department”) violated constitutional and statutory law in retroactively recalculating their Medicaid reimbursement rates for the three- month period of January through March 2016.

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Sentence Modification

The issue in this appeal is whether the COVID-19 pandemic, as it may affect Thomas M. Parkman, is a “new factor” for purposes of modifying Parkman’s sentence.

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