Weekly Case Digests August 23, 2021 August 27, 2021.

Byline: Derek Hawkins

7th Circuit Digests

7th Circuit Court of Appeals

Case Name: Victor Robinson v. Jolinda Waterman, et al.,

Case No.: 20-1370

Officials: BAUER, KANNE, and WOOD, Circuit Judges.

Focus: Prisoner Deliberate Indifference

Victor Robinson, a Wisconsin inmate, was given medication belonging to a different inmate, fell ill, and passed out, suffering a concussion in the process. He brought this deliberate-indifference suit against the prison officials who he believed were responsible for the mix up with the medication. When Robinson failed to respond to defendants' motion for summary judgment or dispute their version of the events, the district court entered summary judgment against him. Because no reasonable jury could conclude that the defendants were deliberately indifferent to a serious medical risk, we affirm.

Affirmed

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7th Circuit Court of Appeals

Case Name: United States of America v. Jeffrey Esposito

Case No.: 20-1124

Officials: FLAUM, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Sentencing Guidelines

Jeffrey Esposito, convicted of multiple counts of sexually exploiting a child as well as of possessing child pornography, was sentenced to 200 years in prison. He appeals, arguing that the district erred when, rather than first determining his total punishment, sentences were imposed on each individual count and then added together. Because the district court did not err when sentencing Esposito, we affirm.

Affirmed

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WI Court of Appeals Digests

WI Court of Appeals District I

Case Name: State of Wisconsin v. M.D.M.,

Case No.: 2017AP138; 2017AP139

Officials: Brash, P.J., Dugan and Donald, JJ.

Focus: Statutory Interpretation Competency Evaluations and Hearings

The State appeals from orders of the circuit court denying the State's "Motion[s] to Resume Suspended Cases" in Milwaukee County Circuit Court Case Nos. 14JV588 and 14JV588B (the 2014 cases) where the State had filed petitions charging M.D.M. with a total of four counts of delinquency. The legal question on appeal concerns competency procedures under WIS. STAT. 938.30(5)(d) (2019-20). After competency evaluations and hearings occurred, the circuit court found M.D.M. not competent, but likely to become competent in each case. The court suspended the proceedings and ordered competency restoration services in both cases.

Recommended for Publication

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WI Court of Appeals District I

Case Name: Dr. Arthur Delahoussaye, et al., v. Economy Premier Assurance Company, et al.,

Case No.: 2019AP1284

Officials: Brash, P.J., Dugan and White, JJ.

Focus: Summary Judgment Issue of Material Fact

Dr. Arthur Delahoussaye and Melissa Delahoussaye appeal the circuit court's order granting summary judgment in favor of Economy Premier Assurance Company and Frederick Boelter, III (collectively, "Boelter"). They argue that the circuit court improperly granted summary judgment dismissing this case because there are disputed issues of material fact with regard to their negligence action against Boelter. We reverse and remand for further proceedings.

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WI Court of Appeals District I

Case Name: State of Wisconsin v. Lamont Donnell Sholar

Case No.: 2019AP1715-CR

Officials: Dugan, White and Graham, JJ.

Focus: Postconviction Relief Newly Discovered Evidence

Lamont Donnell Sholar appeals from two orders denying his motions for postconviction relief and his judgment of conviction for one count of armed robbery by use of force as a party to a crime, contrary to WIS. STAT. 943.32(1)(a) and (2), 939.50(3)(c), 939.05 (2019-20), and one count of burglary "while unarmed, but armed himself with a dangerous weapon while in the burglarized enclosure," contrary to WIS. STAT. 943.10(2)(b), 939.50(3)(e), 939.05. Sholar argues that under Carpenter v. United States, 138 S. Ct. 2206 (2018), the police searched his cell site location information (CSLI) in violation of the Fourth Amendment because the police obtained the data by subpoena and not a warrant. Additionally, Sholar argues that the prosecutor engaged in misconduct regarding his co-actor's plea agreement, that his co-actor's reduced prison sentence constitutes newly discovered evidence, and that trial counsel provided ineffective assistance of counsel. We reject all arguments and affirm.

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WI Court of Appeals District III

Case Name: Amy L. Fuss, et al., v. Jay L. Fuss, et al.,

Case No.: 2019AP2273

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Unlawful Seizure Reasonable Suspicion

Kimberly Johnston, pro se, appeals an order dismissing her claims against Amy Fuss and Kenny Delebreau. The core issues on appeal, as best as we can discern them, are as follows: (1) whether Johnston's property was unlawfully or unreasonably seized and disposed of under the constructive trust; (2) whether Johnston was forced to litigate a case to which she was not a party; (3) whether Johnston was evicted in violation of her rights to equal protection and due process; and (4) whether the circuit court harassed and retaliated against her. We address each issue in turn. We affirm.

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WI Court of Appeals District III

Case Name: Shannen Elizabeth Richard v. Mark Joseph Rasmussen

Case No.: 2020AP332

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Divorce Maintenance

Shannen Richard appeals a judgment of divorce and a subsequent order addressing her motion to clarify the circuit court's decision regarding maintenance. Shannen argues the court erred when it adopted the proposed divorce judgment submitted by her former husband, Mark Rasmussen, which applied a 22.5% discount for possible future tax liability to the values of the parties' retirement accounts. Shannen contends that, contrary to Mark's assertion, she never stipulated to the application of a 22.5% tax discount, and the record does not support applying a discount in that amount. Shannen also argues the court erred by denying her a long-term maintenance award and instead ordering Mark to pay the entirety of the health insurance premiums for the parties' two teenage daughters in lieu of maintenance.

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WI Court of Appeals District III

Case Name: Koehne Chevrolet-Buick-GMC, Inc., v. Bayland Buildings, Inc.,

Case No.: 2020AP336

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Summary Judgment Issue of Material Fact

Koehne Chevrolet-Buick-GMC, Inc., appeals a summary judgment granted in favor of Bayland Buildings, Inc., on Koehne's breach of contract and breach of warranty claims. We conclude there are genuine issues of material fact that preclude summary judgment on those claims. Accordingly, we reverse and remand for further proceedings

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WI Court of Appeals District II

Case Name: Linda Albert v. Michael Albert

Case No.: 2019AP2435

Officials: Neubauer, C.J., Gundrum and Davis, JJ.

Focus: Divorce Motion for Reconsideration Denied

Michael Albert appeals from a judgment of...