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Case Digests

00-3312-CR State v. Cruz

Antonio Q. Cruz appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He argues on appeal that he is entitled to a new trial in the interests of justice because the ...

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00-2942 In Re the Marriage of: Sorensen v. Sorensen

Philip Sorensen appeals his divorce judgment and challenges child support, maintenance, property division and attorney fees. His former wife, Elaine Sorensen, cross-appeals, challenging maintenance, the allocation of debts, and the award of attorney fees. We affirm the judgment. This opinion ...

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00-2172 Harris v. City of Chicago, et al.

“[D]efendants’ contention that Ramos was willing to speak freely at the Sept. 28, 1998 deposition is belied by the fact that, at that deposition, Ramos invoked the Fifth Amendment in response to several general questions which could not possibly have ...

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99-3017 Stanciel v. Gramley, et al.

“Stanciel has presented an argument that the district court abused its discretion by dismissing defendants Lowery, Kelly, and Reider for lack of timely service. He claims the district court erred by invoking Local Rule 7.1(B) to dismiss defendants for improper ...

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00-2933 Sanville v. McCaughtry, et al.

“Plaintiff claims that, once Matt covered his cell openings with toilet paper, the guards were aware of the substantial risk that Matt would commit suicide. She asserts that the guards already knew: 1) that Matt had written a last will ...

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01-0202-FT Eytcheson v. Eytcheson

Randy Eytcheson appeals a judgment declaring Howard Eytcheson’s rights in a boundary dispute and dismissing Randy’s claim for adverse possession. Randy argues that (1) the evidence sufficiently establishes his claim of adverse possession; (2) a fence line establishes his claim; ...

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00-2972-CR State v. Apel

Terry A. Apel appeals judgments of conviction for homicide, attempted homicide, and conspiracy to commit homicide related to the death of Pamela Schultz, his fiancée’s daughter. Apel contends the trial court erred in denying his motions to suppress the evidence ...

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01-1438-NM, 01-1439-NM In Re the Termination of Parental Rights to Maryah Monika M., Dante Jovan M.: Brown County Department of Health and Human Services, et al. v. Antonio M., et al.

Tisa C. appeals orders terminating her parental rights to her two children and orders denying her post-termination motions. Tisa challenges the sufficiency of the evidence supporting the jury’s finding beyond a reasonable doubt of the likelihood of serious emotional or ...

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00-1523, 00-2679 U.S. v. Bhutani

“While the plain language of the FDCA clearly prohibited the failure to establish or maintain records, criminal penalties were not clearly imposed. Nevertheless, we agree with the reasoning found in the former set of cases rather than the latter because ...

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01-1054-CR State v. Arnold

The State appeals an order suppressing incriminating statements that David Arnold made to police. The State argues that (1) Arnold was not in custody when he made the statements, and (2) Arnold’s statements were voluntary because the police used no ...

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01-1733 Ashley v. U.S.

“The district court dismissed Ashley’s petition as untimely without reaching a conclusion about whether Apprendi applies retroactively to collateral attacks. We therefore issue a certificate of appealability, for given Apprendi the underlying constitutional claim must be deemed ‘substantial’ for purposes ...

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00-2874-CR State v. Cucuta

Manuel Cucuta appeals from a judgment entered after a jury convicted him of two counts of first-degree intentional homicide, party to a crime, and one count of use of a dangerous weapon. Cucuta also appeals from the trial court’s order ...

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01-2006 Ruth v. U.S.

“Ruth asserted in his Rule 33 motion that his new evidence of Countryside Fragrances’s legitimate and independent existence supported his claim of innocence. He did not argue that the government violated Brady by failing to disclose this information, nor did ...

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00-2897-CR State v. Spiller

Jerjuan D. Spiller appeals from a judgment of conviction and an order denying postconviction relief after a jury found him guilty of: two counts of kidnapping, two counts of first-degree sexual assault, two counts of armed robbery, and exposing a ...

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00-3288-CR State v. Bintz

David Bintz appeals a judgment of conviction for first-degree murder, party to a crime, and an order denying postconviction relief. Bintz argues that (1) the trial court erred by admitting “sleep talk” evidence; (2) the court erred by refusing to ...

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01-1020-FT City of Stevens Point v. Wirtz

Michael C. Wirtz appeals from a jury verdict finding him guilty under Wis. Stat. sec. 346.63(1)(a) for operating a motor vehicle while under the influence of an intoxicant. Wirtz contends on appeal that the trial court erred in refusing to ...

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01-0684-CR State v. Sekula

Joanne Sekula appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), and from an order denying her motion for an evidentiary hearing on whether her trial counsel was ineffective for ...

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