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00-2303-CR State v. Earls

Fairly W. Earls appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He argues on appeal that the State presented improper opinion evidence, that the court erred in admitting certain videotaped ...

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01-2926 In Re: John Campbell

“Just as the filing of a notice of appeal is a prerequisite to a federal appeals court’s jurisdiction of an appeal, so the exhaustion of state remedies, including postconviction remedies, is a prerequisite to seeking federal habeas corpus. So one ...

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01-0767-CR State v. Reinhard

The guilty-plea-waiver rule blocks Bernie M. Reinhard’s challenge to the retroactive application of Wis. Stat. sec. 346.65(2)(b) that results in Reinhard being charged with a second offense operating while under the influence of an intoxicant (OWI). Therefore, we affirm. This ...

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00-1959 Chambers v. McCaughtry

“We note … that, after the decision of the state court of appeals in this case, the Supreme Court of Wisconsin explicitly declared in State v. Oimen, 516 N.W.2d 399 (Wis. 1994), that the felony murder statute ‘encompasses the immediate ...

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01-1415-CR State v. Prill

Donna Prill pled no contest to the charge of operating a motor vehicle while intoxicated, third offense. The circuit court sentenced Prill as a third-time offender under Wis. Stat. sec. 346.65(2)(c), which establishes the repeater penalties for violations of sec. ...

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00-3680 U.S. v. Sumner

“According to Sumner, there was a significant temporal gap between the uncharged conduct and the offense of conviction, there was evidence that he voluntarily ceased the uncharged activity, the uncharged conduct involved a different drug than the offense of conviction, ...

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00-2302 Meyer, et al. v. Palmquist

David and Ricky Palmquist appeal a judgment declaring that Fred and Maureen Meyer, and Maurice and Lillian Secore acquired by adverse possession land previously titled to the Palmquists. The Palmquists argue that the evidence was insufficient to support the jury’s ...

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01-0383 City of Beloit v. Tinder

William Tinder appeals a circuit court order which affirmed a judgment of the City of Beloit Municipal Court. The municipal court found Tinder guilty of violating a city ordinance prohibiting obstructing an officer. Tinder contends that the elements of the ...

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00-2751 Kucharski v. Kucharski, et al.

Robert Kucharski appeals from a judgment denying his action for partition of two lots. Robert argues that he has an equitable one-fourth interest in the lots by virtue of a previous settlement agreement, a letter and an unrecorded deed to ...

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00-1203 Clay, et al. v. Johnson, et al.

“The district court believed that the position the Board announced in its proposed version of Comment 18(g)-4 was patently inconsistent with the position the Board announced in the adopted version of Comment 18(g)-4. The court noted that the Board initially ...

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01-0007 Gray v. Eggert, et al.

“Under Wis. Stat. sec. 802.12(2), a trial court has authority to order parties in civil litigation to attempt mediation or other settlement processes to resolve a case. … Nowhere, however, does sec. 802.12 provide a court the authority to require ...

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00-3063 Painter v. Whitnall, et al.

William Whitnall appeals from a judgment entered against him in this legal malpractice action. He challenges on appeal the judgment awarding damages to the respondent, Linda Painter. We affirm the judgment of the circuit court. This opinion will not be ...

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00-2889 Spangberg v. Talis, et al.

Chris Spangberg appeals a summary judgment dismissing his legal malpractice action against attorney John Talis, his insurer and his law firm. Spangberg’s complaint alleged that Talis negligently allowed the statute of limitations to expire on two claims Spangberg wanted to ...

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00-1191 Beslic v. INS

“In an attempt to show that he has raised a substantial constitutional claim, Beslic argues that the language of 8 U.S.C. sec. 1182, which provides that aliens are inadmissible if they are attempting to enter the United States to ‘evade ...

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00-3053 State v. Crockett

We further conclude that defendant’s request for resentencing because his sentence was unduly harsh has already been adjudicated and there are no new factors which would justify modifying defendant’s sentence. “Although there may be situations… in which it is appropriate ...

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00-2870-CR State v. Lisney

Douglas Lisney appeals from a judgment convicting him of disorderly conduct while using a dangerous weapon, and from a subsequent order denying his motion for postconviction relief. Lisney argues that he is entitled to a new trial because he was ...

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00-2411 Jutzi-Johnson v. U.S.

“[W]e should consider whether there was any causal relation between that negligence and the suicide. We think not. Johnson did not commit suicide because he had sores on his body. As nearly as can be reconstructed from the evidence, he ...

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00-3440 State v. Matthews

“In Lac Courte Oreilles Band v. Voigt, 700 F.2d 341 (7th Cir. 1983) (LCO I), the court of appeals recognized that the Chippewa have usufructuary rights and remanded the case to the district court for determination of several issues, including ...

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00-2370-CR State v. Bodoh

Kelly J. Bodoh appeals from a judgment of conviction of party to the crime of first-degree intentional homicide and from an order denying his motion for postconviction relief. He argues that trial counsel was constitutionally deficient by not investigating additional ...

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00-3710 U.S. v. Viezca

“We agree with Viezca that there are similarities between this case and Duff. Portions of Count one of the indictment in this case were worded much like the indictment in Duff, as it charged Viezca, Mendoza, and Guerrero with having ...

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00-3183 State v. Garrett

“While Detective Kaltenbrun was undercover, unlike the uniformed officers in Hughes, here the totality of the circumstances led him to believe that Garrett was involved in the destruction of the bag of cocaine. Evidence that: (1) only minutes before, two ...

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