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Case Digests

00-121 Duncan v. Walker

“Section 2244(d)(2) … employs the word ‘State,’ but not the word ‘Federal,’ as a modifier for ‘review.’ It is well settled that ‘ ‘[w]here Congress includes particular language in one section of a statute but omits it in another section ...

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00-1829-CR State v. David G.K.

David G.K. appeals from a judgment of conviction for sexual assault of a child and incest, and from an order denying postconviction relief. The issue on appeal is whether the prosecutor breached the plea agreement. We conclude that the prosecutor ...

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00-2136-CR State v. Ransom

Sebastian C. Ransom appeals from a judgment of conviction for possession of cocaine with intent to deliver and from an order denying his motion for postconviction relief. On appeal, Ransom asserts that he should be allowed to withdraw his no ...

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00-2459-CR State v. Luedke

Daniel Luedke appeals from a judgment convicting him of two counts of felony impersonating a peace officer and from an order denying his motion for postconviction relief. Luedke argues that his guilty plea was not knowingly, intelligently, and voluntarily entered. ...

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00-3101-CR, 00-3102-CR State v. Sackatook

Frank Sackatook, Jr., appeals judgments convicting him of first-degree sexual assault of a child and burglary. He also appeals an order denying his motion to withdraw his no contest pleas. We conclude that the trial court properly denied the motion ...

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00-1027 In Re the Marriage of: Kuper v. Kuper

Petitioner Leslie L. Kuper appeals from a court order finding her liable to her ex-husband, respondent Craig A. Kuper, for $40,184, representing back taxes, interest, and penalties assessed against Craig by the state and federal governments. Leslie also contends that ...

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01-0102-CR State v. Vue

Pha Vue appeals his judgment of conviction for two counts of attempted first-degree intentional homicide. Vue argues the trial court erred as a matter of law by: (1) determining that Vue’s statement was admissible even though it was taken after ...

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00-492 Alabama v. Bozeman

“[T]he Agreement makes no distinction among different kinds of IV(c) ‘arrivals,’ say, by exempting those that are followed by return within a short, specified period of time, or those that are simply for the purpose of arraignment. Given the Agreement’s ...

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00-1031 Zurkowski v. Hobart Corporation, et al.

Jay E. Zurowski appeals from a judgment entered after a bench trial wherein the trial court dismissed his personal injury claim alleging negligence and a violation of Wisconsin’s Safe Place Statute against Hobart Corporation (Hobart). Zurowski claims the trial court ...

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99-1702 Waters v. Pertzborn

“We conclude that there are two statutory impediments to the circuit court’s order for separate trials on the issues of liability and damages before different juries. First, a review of the history of sec. 805.05(2) reveals that the omission of ...

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99-8508 Kyllo v. United States

“[I]n the case of the search of the interior of homes – the prototypical and hence most commonly litigated area of protected privacy – there is a ready criterion, with roots deep in the common law, of the minimal expectation ...

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00-2792-CR State v. Rodgriguez

Angel Rodriguez appeals, following a jury trial, from a judgment convicting him of attempted first-degree intentional homicide and burglary, both while armed with a dangerous weapon, and from an order denying his motion for postconviction relief. Rodriguez claims he was ...

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00-1663Luder v. Endicott

“The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit against the state and did so successfully: they are seeking to force the state to accede to their view of the Act ...

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00-2839 Johnson Bank v. Brandon Apparel

“Here, the parties submitted affidavits with conflicting statements as to whether an oral agreement existed. While the trial court may have considered the parties’ affidavits, some matters are ‘too grave to be decided on affidavits.’ [Citation]. Unless the facts are ...

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00-1784-CR State v. Handal

Eduardo D. Handal appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Handal received ineffective assistance of trial counsel. Because we agree with the circuit ...

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No. 105Kansas v. Colorado

“At one point in time, the fact that the claim was unliquidated would have been of substantial importance… This common-law distinction has long since lost its hold on the legal imagination. Beginning in the early part of the last century, ...

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00-1663Luder v. Endicott (55270)

“The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit against the state and did so successfully: they are seeking to force the state to accede to their view of the Act ...

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01-0444-FT City of Brookfield v. Ulmen

The City of Brookfield appeals from an order dismissing two uniform traffic citations that charged Daniel D. Ulmen with operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC) respectively. The dismissal ...

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