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WI Court of Appeals Digest

Dec 8, 2021

Sufficiency of Evidence

Cory Eubanks appeals a judgment of conviction for operating a motor vehicle with a prohibited blood alcohol concentration (PAC) as a fourth offense, following a jury trial. Eubanks contends that the evidence was insufficient to sustain the jury verdict.

Dec 8, 2021

Sufficiency of Evidence

Acting in consultation with tax advisors and attorneys, the large shareholders of a closely held corporation executed what amounted to a sale of the corporation.

Dec 7, 2021

Termination of Parental Rights

S.C. appeals from circuit court orders terminating his parental rights to his two children, C.C. and A.M.C.2 S.C.’s appointed attorney, Brian C. Findley, has filed a no-merit report pursuant to WIS. STAT. RULES 809.107(5m) and 809.32. S.C. was served with a copy of the report and has filed a response.

Dec 7, 2021

Insurance Claim – Coverage

Lindsey Dostal (hereinafter, “Dostal”) appeals a circuit court’s grant of summary and declaratory judgment to State Farm Fire and Casualty Company (hereinafter, “State Farm”).

Dec 7, 2021

Evidentiary Hearing

Devon Kamar Green appeals a judgment of conviction and an order denying his postconviction motion.

Dec 1, 2021

Court Error – Failure to State Claim

Dane County sued Mary Jo Johnson and TCOB2 Irrevocable Trust, seeking injunctive relief and forfeitures for the alleged conveyance of property by Johnson to the Trust in violation of County ordinances governing minimum lot sizes and the preparation of certified survey maps.

Dec 1, 2021

Ineffective Assistance of Counsel

Michael Martin appeals a judgment of conviction for sexual assault of a child under the age of thirteen in violation of WIS. STAT. § 948.02(1)(e) (2019-20) following a jury trial.

Dec 1, 2021

Postconviction Motion – Surcharge Reduction

The issue in this appeal is how many images are “associated with” William C. MacDonald’s crime of possession of child pornography for purposes of assessing the statutorily mandated surcharge of $500 per image.

Dec 1, 2021

Ineffective Assistance of Counsel

Victor H. Benitez appeals an order denying his WIS. STAT. § 974.06 (2019-20) postconviction motion for a new trial and postconviction discovery, entered following an evidentiary hearing.

Nov 30, 2021

Due Process Violation

Carson D. Combs appeals from an order of the circuit court granting eviction and issuing a writ of restitution in an action filed by his landlord, Morris S. Reece.

Nov 30, 2021

Court Error – Claim Preclusion

Troy Lasecki appeals an order dismissing his claims against Bryan Nowak arising out of the dissolution of an LLC in which he and Nowak were the only members.

Nov 30, 2021

Wisconsin Consumer Act – Summary Judgment

Jeanne Fransway appeals a summary judgment dismissing her claims against Markquart Automotive Inc. for violations of the Wisconsin Consumer Act (“WCA”), WIS. STAT. chs. 421-427 (2019-20).

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