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Case Results

Jacquese Harrell, Sr. v. Kevin A. Carr

The Court of Appeals sided with Mr. Harrell and determined that the Department of Corrections could not take more funds than ordered by the trial court judge. This decision along with the Ortiz decision (see below), where we represented another inmate pro bono, provides protections for prison inmates and does not allow the DOC to excessively tax inmates’ accounts. GRGB Law is pleased that our pro bono representation of Mr. Harrell and Mr. Ortiz led to two important victories in the Court of Appeals.

Read the full story here.

United States v. Lockett, 782 F.3d 349 (7th Cir. 2015)

In United States v. Lockett, 782 F.3d 349 (7th Cir. 2015), Kristen successfully argued before the Seventh Circuit Court of Appeals that Mr. Lockett's prior convictions did not qualify under the Armed Career Criminal Act (ACCA) because the Government failed to provide any evidence that Mr. Lockett was subject to Illinois' recidivist enhancement. Mr. Lockett was originally sentenced to the mandatory fifteen-year minimum under the ACCA. In August 2015, he was released from prison for time served.

Victor Ortiz, Jr. v. Kevin A. Carr

In 2016, the Department of Corrections suddenly doubled the percentage it was withholding from Ortiz’s prison wages for the payment of restitution, even though this conflicted with the judgment of conviction. Ortiz fought the deduction in the prison and then the courts, and GRGB was asked to write a Response Brief on his behalf, pro bono. The court of appeals agreed with Ortiz and GRGB and ordered the DOC to cut in half the amount of Ortiz’s prison wages it was taking for the payment of restitution.

Read the full story here.

Wisconsin Innocence Project's Effort To Exonerate And Free Daryl Holloway Applauded

Attorney Raymond M. Dall'Osto and his colleagues at GRGB Law applaud the diligent and successful work done by the Wisconsin Innocence Project, which continued and built upon our efforts to obtain definitive new DNA testing. These efforts resulted in the exoneration and freeing of Daryl Holloway on October 6, 2016, after he served 23 years in prison for sexual assaults he did not commit.

Dall’Osto and GRGB were retained by Holloway’s family to conduct a postconviction investigation into his felony convictions, after his earlier appeal was denied and a subsequent attempt at DNA testing did not bear fruit. Noted Wisconsin DNA expert Dr. Alan Friedman was retained by Dall’Osto. After a careful review of the evidence, previous testing and methodology, new DNA testing was requested by the defense.

Women’s and Children’s Domestic Violence Shelter Gets Second Chance in Elkhorn

Milwaukee attorney Raymond Dall’OstoDue to the efforts of Gimbel, Reilly, Guerin & Brown LLP partner Ray Dall’Osto, a circuit judge on April 29th vacated the decision of the City of Elkhorn Common Council, which last year denied a conditional use permit (CUP) for New Beginnings Association for Prevention of Family Violence to open a women’s and children’s shelter near the old courthouse square in Elkhorn. There is currently no such shelter for victims of family violence in Walworth County. Conditional use permits (CUPs) allow a zoning board to approve a land use that may be compatible in the zoning district in which it is proposed, but that is not permitted as a matter of right. A CUP is different than a variance. New Beginnings’ proposal, which would repurpose a former Aurora Medical Clinic building being donated for this purpose, was carefully put together and met the concerns of city planners and officials. However, the Common Council, in a 4-2 vote, summarily denied their application for a CUP, despite it being supported by hundreds of citizens and law enforcement officials.

Franklyn Gimbel and Steven McGaver successfully represented Milwaukee County Deputy Sheriff's Association

Attorneys Franklyn Gimbel and Steven McGaver successfully represented an officer of the Milwaukee County Deputy Sheriff's Association in an action before the Wisconsin Employment Relations Commission. Attorneys Gimbel and McGaver prevailed in the proceeding and the WERC concluded that Graber had been acting legally last year when he insisted the agency follow the union contract when selecting deputies to work mandatory overtime monitoring the garage at O'Donnell Park.

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