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Case Digests

00-2864 State v. Steele

“Here, the trial court determined that despite Steele’s qualifications under 302.045(2), the seriousness of his offenses precluded his participation in the program. We cannot say that this constituted a misuse of the trial court’s broad sentencing discretion. We therefore affirm ...

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00-1820 Behrndt v. Behrndt, et al.

Patrick Behrndt appeals from the denial of his motion for relief from the trial court’s judgment dismissing Patrick and approving the settlement as to all other parties. The issue on appeal is whether the trial court erroneously exercised its discretion ...

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00-1844 Sabel v. Rosenthal, et al.

Martin E. Rosenthal appeals from a judgment entered in his favor, granting his motion to reopen and vacate a default judgment that Dawn M. and Johnnie D. Sabel secured against Rosenthal on Aug. 25, 1987. Rosenthal challenges only that part ...

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00-391 Florida v. Thomas

“To deny review here would not necessarily cause Florida to go to trial without the suppressed evidence with further appeal barred in the event of an acquittal or the federal claim mooted in the event of a conviction. The state ...

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00-1780 State ex rel. Bridges v. Berge

Jimmy Bridges appeals from an order dismissing his certiorari petition and finding the petition frivolous. Because the circuit court did not state any reasons for its conclusions, we reverse and remand for further proceedings. This opinion will not be published. ...

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00-1777-CR State v. Koeppen

Thomas W. Koeppen appeals from a judgment of conviction of bail jumping as a habitual criminal and from an order denying his motion for postconviction relief. Koeppen argues that the evidence adduced at trial was insufficient and that he was ...

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00-4180 U.S. v. Lane

“People who commit that offense may end up committing another, and violent, offense, such as robbing a bank at gunpoint, but that doesn’t make the possession offense violent. Otherwise we would have to say that the offense of driving a ...

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00-1774 State v. Shea

Daniel Shea appeals from the trial court’s order denying his motion for postconviction relief brought pursuant to Wis. Stat. sec. 974.06 (1999-2000). Shea raises several issues addressing the prosecutor’s alleged failure to provide him with discovery materials. We affirm. This ...

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00-3629 U.S. v. Jefferson

“Even assuming the confidential informant would testify as Jefferson claims he would, Jefferson has not shown that such testimony would be particularly significant to his defense. Unlike the defendant in [U.S. v. Bender, 5 F.3d 267 (7th Cir. 1993)], Jefferson’s ...

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00-3413-CR State v. Peterson

Larry Peterson appeals a conviction for second-degree sexual assault. He also appeals an order denying postconviction relief. Peterson argues that he should be granted a new trial in the interest of justice because the real controversy was not fully tried. ...

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00-1970-CR State v. Suslick

Anthony A. Suslick appeals from the judgment of conviction entered against him. The issue on appeal is whether the circuit court erroneously exercised its discretion when it refused to allow Suslick to withdraw his pleas. Because there is support in ...

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99-2154 Shasteen v. Saver

“When one contemplates the circumstances of this case, it is difficult to find misconduct in connection with Garnati’s actions… [T]he prosecutor was shown a copy of the note dated April 6 and was told by a confident Mrs. Misselhorn that ...

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00-3238 State ex rel. Richards v. Thompson, et al.

Harlan Richards appeals an order dismissing his declaratory judgment action challenging the constitutionality of various provisions of the Wisconsin Prisoner Litigation Reform Act (PLRA). The issue is whether Richards, a Wisconsin prison inmate, presented the court with a justiciable controversy. ...

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99-3932 & 99-3951 U.S. v. Hill

“James behaved in a pig-headed fashion. It is hard to imagine that by quoting from sec.1.02 of the Benchbook or expatiating about the drawbacks of self- representation (‘a fool for a client…’) the district judge could have talked him out ...

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00-2830-CR State v. St. George

Bradley Alan St. George appeals his judgment of conviction for first-degree sexual assault of a child and an order denying him postconviction relief. St. George argues he was denied due process and his right to present a defense when the ...

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00-2432 U.S. v. Steward

“[T]he government argued again that Steward’s holding of the package in his left hand, however fleetingly, the resulting control over it, and dropping it in hope of concealment established possession of it. … The government argues that Judge Murphy’s finding ...

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00-3632 U.S. v. Carlos-Colmenares

“Nothing in the statute’s language or background suggests that an illegally returning deportee cannot be convicted unless he knew he lacked the Attorney General’s express consent to reenter. On the contrary, the requirement that the Attorney General’s consent be ‘express’ ...

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00-1971 Alverio v. Sam's Warehouse Club, Inc.

“[L]awyers are given considerable leeway in formulating a gender-neutral rationale for jury strikes. … Here, in addition to identifying unique factors that only affected the three struck jurors – unemployment, participation as a plaintiff in a lawsuit, and employment in ...

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