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Case Digests

00-1953 State v. Robinson

Edrick Robinson appeals an order denying his motion for sentence credit. The issue is whether he is entitled to sentence credit for time spent confined in a Texas jail, on a pending Texas charge, while at the same time a ...

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98-3665 Boss v. Pierce

“We regard as untenable a broad rule that any information possessed by a defense witness must be considered available to the defense for Brady purposes. To begin with, it is simply not true that a reasonably diligent defense counsel will ...

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00-2633 Giffin v. Poetzl, et al.

Accordingly, where plaintiffs charged that the building inspectors negligently performed their inspections on plaintiffs’ new home construction, the trial court erred in ruling that the inspectors were town employees. Maney-Miller employees were independent contractors because the town did not attempt ...

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01-0602-CR State v. Tutor

George Tutor appeals a judgment convicting him of one count of possession of an untagged deer carcass, and an order denying his postconviction motion. Although Tutor alludes to several issues upon which he believes he is entitled to relief, the ...

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01-1729 U.S. v. Byrd

“Byrd argued that imposing a 12-month sentence would in essence deprive him of any benefit for acceptance of responsibility because 12 months was the maximum sentence he could have received by statute. “Byrd submits that although the government did not ...

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01-0851 State v. Langenbach

This is so because: (1) any effort by the State to compel a defendant to testify against his will at his sentencing hearing clearly contravenes the Fifth Amendment and there is a possibility that defendant could be sentenced in this ...

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01-0584 State v. Lemke

Dale J. Lemke appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI). Lemke contends that the investigative stop of his vehicle was illegal under Terry v. Ohio, 392 U.S. 1 (1968), and Wis. Stat. sec. ...

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00-3084 State v. Tulley

“Because the three prospective jurors with whom the court spoke in camera did not serve on the jury, we conclude that the State has met its burden to show that there is no reasonable possibility that the court’s error contributed ...

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01-0578-CR State v. Yench

Leroy A. Yench appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Yench pled guilty to the charge following the trial court’s denial of his motion to suppress evidence of a blood test ...

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00-2916 State v. Davis

“Therefore, we reverse the order of the trial court denying the State’s motion to compel Glenn E. Davis to submit to a reciprocal psychological examination and remand to the trial court to conduct further proceedings consistent with this opinion. … ...

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00-2914 State v. Krause

James D. Krause appeals pro se from an order denying his postconviction motions for sentence modification and for a restitution hearing. Krause argues that the trial court failed to articulate adequate grounds for denying the motions without a hearing. We ...

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00-1825 Bicknese v. Sutula, et al.

Alma Bicknese appeals from a postverdict judgment dismissing her claims against Thomas Sutula for promissory estoppel and intentional misrepresentation. After the jury found in favor of Bicknese on the estoppel claim, the trial court entered judgment notwithstanding the verdict and ...

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00-2783 State v. Ward

Jeffrey Ward appeals an order denying his Wis. Stat. sec. 974.06 (1999-2000) postconviction motion in which he alleged that his 12-year sentence was excessive and his postconviction counsel was ineffective for not challenging the sentence. Because the trial court properly ...

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00-2902 In re: Dennis E. Carlson, Debtor

“The Bankruptcy Code requires the debtor to list as assets of the estate in bankruptcy ‘all legal or equitable interests of the debtor in property as of the commencement of the case.’ 11 U.S.C. sec. 541(a). The term ‘legal or ...

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00-2940 Pederson v. Anibas

Jerry Anibas appeals a judgment awarding Linda Pederson $39,500 on her unjust enrichment claim. He argues that the trial court’s findings were clearly erroneous. He further argues that the trial court erroneously included certain assets and refused to address his ...

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00-2630 Pulver, et al. v. Jennings, et al.

Melvin Pulver appeals the judgment entered upon a jury verdict awarding him $9,153 damages plus costs and interest for injuries he sustained in a three-car automobile accident. Pulver contends he is entitled to a new trial because: (1) the jury’s ...

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00-3373-CR State v. Booth

Kevin Booth, pro se, appeals his judgment of conviction for attempted second-degree sexual assault with a person who the defendant knows is unconscious and an order denying postconviction relief. Booth argues that: (1) he was denied his Sixth Amendment right ...

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00-3076-CR State v. Spaulding

Rhonda Spaulding appeals from the judgment convicting her of first-degree sexual assault. Spaulding argues that the bindover should not have occurred because the child-victim’s videotape, the primary evidence used against Spaulding at the preliminary hearing, was improperly admitted. She also ...

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01-0798-CRLV State v. Everts

Chad Everts contends that the prosecutor in this case, assistant district attorney Shelly Rusch, intentionally provoked a mistrial because her case was going badly and, therefore, that double jeopardy attached such that it was error for the trial court to ...

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01-1314 U.S. v. Quilling

“Mr. Quilling argues that he was unduly prejudiced because the Government argued, and the jury possibly inferred, that Mr. Quilling possessed the gun because he possessed the bullets and vice versa. However, ‘”prejudice requiring severance is not shown if evidence ...

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