2009AP804 Jefferson County v. Joseph S.
Family Guardianship; due process In a protective placement trial, it violated the respondent’s rights to remove him from court for disruptive behavior without warning him first that he could be removed. “Here, the court asked Joseph to ‘[t]ry to calm down,’ then ordered Joseph’s removal from the courtroom when Joseph said, ‘This is bull shit. […]
2009AP3081-CR State v. Morgan
Sentencing Due process; inaccurate information David Derrell Morgan appeals the judgment entered on his guilty plea to third-degree sexual assault, see Wis. Stat. § 940.225(3), and the order denying his motion for postconviction relief. Morgan claims that: (1) he was sentenced on inaccurate information; and (2) his lawyer gave him constitutionally deficient representation. We disagree […]
2010AP126-CR State v. DeVera
Sentencing Due process; accurate information Michael D. DeVera appeals from a judgment convicting him of causing mental harm to a child and from an order denying his motion for postconviction relief. Because we agree with DeVera that his sentence is not supported by a sufficient basis in the record or a reasoned explanation of how […]
09-1757 Norman-Nunnery v. Madison Area Technical College
Employment Retaliation; right of association; due process Where a candidate for a position was not the most qualified candidate, summary judgment was properly granted to the employer on her claim that she was not fired because her husband once filed a frivolous lawsuit against the employer. “Under either case, Norman-Nunnery’s claim cannot survive summary judgment […]
08-4245 Palka v. Shelton
Constitutional Law Public employment; due process A government employee who resigned rather than face a disciplinary hearing cannot sue for violating his due process rights. “No doubt Palka was confronted with a difficult choice when the disciplinary charges were lodged against him and the Merit Board hearing loomed. He could retire with full benefits or […]
2010AP976 In the matter of the refusal of Andrew M. LaFond
Motor Vehicles OWI; refusal; forcible blood sample; due process Andrew M. LaFond appeals an order revoking his operating privileges because of his failure to submit to a chemical blood test in violation of Wis. Stat. § 343.305(10). LaFond argues the County violated his due process and equal protection rights by failing to give him reasonable […]
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