Weekly Case Digests June 21, 2021 June 25, 2021.

Byline: Rick Benedict

7th Circuit Digests

7th Circuit Court of Appeals

Case Name: Eric Hodkiewicz v. Chris Buesgen

Case No.: 20-2641

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.

Focus: Ineffective Assistance of Counsel

A Wisconsin jury found that Petitioner Eric Hodkiewicz stalked, harassed, and assaulted his wife and convicted him of nine offenses. Hodkiewicz challenged his conviction and sentence in state court, arguing (among other things) that he received ineffective assistance of counsel. The Wisconsin Court of Appeals rejected his argument, and the federal district court then denied habeas relief.

We, like the district court, conclude that the Wisconsin Court of Appeals reasonably determined that Hodkiewicz cannot show prejudice arising from his counsel's alleged errors. We therefore affirm.

Affirmed

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WI Court of Appeals Digests

WI Court of Appeals District I

Case Name: Mayfair Mall LLC, v. City of Wauwatosa

Case No.: 2019AP1232

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

Focus: Court Error Property Assessments

Mayfair Mall, LLC, by its member General Growth Properties, Inc. (collectively "GGP"), appeals from a judgment of the trial court in which it concluded that the property assessments of Mayfair Mall (the "Mall"), as determined by the City of Wauwatosa for 2013, 2014, and 2015, were not excessive. GGP argues that the trial court did not employ the proper standards of valuation in making its determination, and seeks a reversal of the judgment and remand to the trial court for a determination based on the proper standards.

Upon review of the extensive record in this matter, we conclude that the findings of the trial court are insufficient to allow this court to determine whether the assessments were excessive because the trial court failed to provide and explain its bases for those findings. We therefore reverse and remand this matter for further fact finding that includes the relevant information and reasoning upon which the court relied in making its findings of fact and conclusions of law.

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WI Court of Appeals District III

Case Name: State of Wisconsin v. Douglas J. Richer

Case No.: 2019AP2024-CR

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

Focus: Plea Agreement

Douglas Richer appeals a judgment of conviction for possession with intent to deliver greater than fifty grams of methamphetamine as a party to a crime, with various penalty enhancers. Richer had reached a plea agreement with the State and entered a no-contest plea, which the circuit court accepted following a proper colloquy. We agree with Richer that the court placed him twice in jeopardy for the same offense, contrary to Richer's state and federal double jeopardy rights, when it sua sponte vacated that plea based on comments Richer made during his sentencing allocution.

Richer subsequently reached a second plea agreement with the State, which resulted in the judgment of conviction from which Richer now appeals. However, Richer received a materially less favorable plea bargain in the second prosecution, particularly regarding the State's sentencing recommendation. We reverse the judgment of conviction and the order denying Richer's postconviction motion. We remand with directions that the circuit court reinstate Richer's original plea and enforce the initial plea agreement pursuant to which that plea was entered. As part of those proceedings, Richer is entitled to resentencing with the benefit of the sentencing recommendation the State agreed to make under the initial plea agreement. The court may conduct such other proceedings as are necessary on remand, consistent with this opinion.

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WI Court of Appeals District III

Case Name: State of Wisconsin v. Philip W. Vaughn

Case No.: 2019AP2356-CR

Officials...

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