Weekly Case Digests November 22, 2021 - November 26, 2021.

Byline: Derek Hawkins

7th Circuit Digests

7th Circuit Court of Appeals

Case Name: United States of America v. Gilberto Vizcarra-Millan, et al.,

Case No.: 19-3476; 19-3481; 19-3484; 19-3537; 20-1113; 20-1266

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

Focus: Sufficiency of Evidence

Richard Grundy III and his network of drug suppliers, couriers, distributors, and dealers trafficked hundreds of pounds of methamphetamine in Indianapolis. Grundy and over two dozen co-conspirators were indicted. Most ultimately pled guilty. After a three-week trial, Grundy and four other defendants were convicted of all the charges against them. In these consolidated appeals, the five trial defendants and one defendant who pled guilty challenge their convictions. There are no sentencing issues.

Grundy argues that the district court violated his Sixth Amendment right to counsel by improperly obstructing him from representing himself. Gilberto Vizcarra-Millan argues that the district court should have disqualified his chosen counsel due to a conflict of interest. Derek Atwater, James Beasley, and Undrae Moseby all challenge the denials of their untimely motions to suppress evidence. Atwater, Beasley, and Ezell Neville all contend that the evidence was insufficient to support some of their convictions.

We affirm the convictions of Grundy, Vizcarra-Millan, Moseby, Atwater, and Neville. We also affirm the conviction of Beasley on one count but reverse his convictions on two others. The evidence at trial necessarily left a reasonable doubt as to whether he committed those crimes. Beasley's case is remanded to the district court for resentencing on the one remaining count.

The convictions of Richard Grundy III, Derek Atwater, Undrae Moseby, Gilberto Vizcarra-Millan, and Ezell Neville are AFFIRMED. James Beasley's conviction on Count 16 is AFFIRMED, but his convictions for Counts 1 and 17 are REVERSED. Beasley's case is REMANDED for resentencing on Count 16.

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7th Circuit Court of Appeals

Case Name: Lavertis Stewart v. Wexford Health Sources, Inc., et al.,

Case No.: 19-2994

Officials: SYKES, Chief Judge, and FLAUM and ROVNER, Circuit Judges.

Focus: Prisoner Deliberate Indifference

LaVertis Stewart, an inmate at Dixon Correctional Center, sued the assistant warden, two doctors, and a medical corporation under the Eighth Amendment, claiming that they were deliberately indifferent to his serious medical needs by refusing to grant him an exemption to wearing a restrictive security device, a black box, when he left the facility for medical appointments. He alleged that the black box caused extreme pain because of his existing medical conditions. The district court granted summary judgment for the various defendants, and we affirm.

Affirmed

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WI Court of Appeals Digests

WI Court of Appeals District I

Case Name: Kathleen McCaigue v. Marc A. Messinger, et al.,

Case No.: 2018AP1888

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

Focus: Equitable Estoppel Time-barred

Kathleen McCaigue, pro se, appeals orders of the trial court dismissing her numerous claims against several defendants, as set forth in her complaint filed in March 2018, relating to a failed real estate transaction that occurred in December 2005. The trial court concluded that McCaigue's claims were time-barred by the relevant statutes of limitations. McCaigue argues that equitable estoppel should apply in this case, and alleges that the trial court was biased against her. Upon review, we affirm.

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WI Court of Appeals District I

Case Name: Germania Real Estate Venture II LLC, v. Stir LLC,

Case No.: 2020AP493

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

Focus: Right of Refusal Damages

Germania Real Estate Venture II LLC ("Germania") and Germania Historic, LLC ("Historic") appeal an order of the circuit court granting STIR LLC ("STIR") damages arising from the breach of a commercial lease. Germania and Historic contend that the circuit court erred in finding that STIR had an enforceable right of first refusal under the lease and in its calculation of damages. We conclude that the lease, by its plain terms, granted STIR an enforceable right of first refusal. However, we reverse and remand this case for further factual findings regarding damages.

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WI Court of Appeals District I

Case Name: State of Wisconsin v. Timothy Christopher Scott, Jr.,

Case No.: 2020AP1118-CR

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

Focus: Ineffective Assistance of Counsel

Timothy Christopher Scott, Jr. appeals from a judgment of conviction entered following a jury trial for two counts of first-degree recklessly endangering safety by use of a dangerous weapon, one count of possession of a firearm by a person adjudicated delinquent, and one count of felony bail jumping. He also appeals an order of the circuit court denying his postconviction motion for relief, without a hearing. He argues on appeal that he received ineffective assistance of counsel and that the trial court erred when it denied his motion to dismiss count three for possession of a firearm by a person adjudicated delinquent. We...