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2010AP723-CR State v. Will

Search and SeizureStop and detention; reasonable suspicion Steve Will appeals the judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense, in violation of Wis. Stat. § 346.63(1)(a). He contends that a sheriff's deputy who was looking ...

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2009AP1274-CR State v. Earl

Criminal ProcedureIneffective assistance Daryise L. Earl appeals from a judgment convicting him of first-degree intentional homicide and armed robbery, both as party to a crime, and from an order denying his motion for postconviction relief. For the reasons set forth ...

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09-1856 U.S. v. Cantrell

Honest Services FraudSufficiency of the evidence Where a defendant steered contacts to a third party in exchange for kickbacks, the evidence is sufficient to support a conviction for honest services fraud. "The indictment charged Cantrell with using his position as ...

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2009AP2764-D OLR v. Trudgeon

Professional ResponsibilityRevocation Where attorney Michael C. Trudgeon committed 56 acts of misconduct, including conversion of client funds, abandoning clients, and practicing law after being suspended, his license is revoked. "It is ultimately this court's responsibility to determine the appropriate discipline ...

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2009AP2934-CR State v. Buchanan

Search and SeizureProtective searches; reasonable suspicion Deandre Buchanan appeals a judgment of conviction, entered on his no contest plea, for possession of THC with intent to deliver (two hundred grams or less). Buchanan argues the circuit court erred by denying ...

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09-3776 U.S. v. Brown

SentencingCrack cocaine Defendants sentenced for crack cocaine offenses, while circuit precedent dictated that a sentencing judge was bound by the crack/powder disparity reflected in the career offender guideline, are entitled to be resentenced. "[T]he district court imposed the 150-month term ...

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09-3792 Martinez-Buendia v. Holder

ImmigrationAsylum; Columbia; FARC It was error for the BIA to find that a political opponent of FARC in Columbia was not persecuted for her political beliefs. "This case is much more similar to Espinosa-Cortez than any case relied on by ...

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2010AP780-CR State v. Hudson

Criminal ProcedureCurative instructions; unresponsive witnesses Erik Hudson appeals a judgment of conviction for battery and disorderly conduct, both as a repeater and as domestic abuse. He argues the trial court erred by failing to instruct the jury to disregard spontaneous ...

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Condemnee not entitled to litigation expenses

Unless a jurisdictional offer is made by a condemnor, property owners cannot recover their litigation expenses. The Wisconsin Court of Appeals held on Aug. 10 that, even though the condemnation commission awarded more than the owners agreed to accept, while ...

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10-1213 McAllister v. Price

Civil RightsExcessive force; qualified immunity Where an officer forcibly removed a man from his car who was physically unable to obey commands, and in the midst of convulsions, and threw him to the ground with the full force of his ...

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08-1762 Romanelli v. Suliene

EvidencePrior convictions In a prisoner's civil rights case, it was not error to admit evidence of his prior convictions."Here, at the time of the court's rulings on the evidence, the jury was already aware that the lawsuit was a prisoner's ...

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2009AP2268 State v. Klausen

Motor VehiclesOWI; reasonable suspicion James Casas Klausen appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while under the influence of an intoxicant. He argues that the arresting officer lacked reasonable suspicion for his ...

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09-2589 & 09-2593 U.S. v. Favara

Sentencing Reasonableness Where a defendant had a history of fraudulent behavior, it was not disparate to impose a 70-month sentence, while other co-defendants received probation. “Favara’s 70-month sentence was not unwarrantedly disparate from her co-defendants, several of whom received probation. ...

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08-2679 U.S. v. Sanchez

Retaliation Against a Witness Sufficiency of evidence Where the government presented no evidence that the defendant knew the targets of his kidnapping plot had given testimony against the drug trafficker for whom the defendant was working, the evidence is insufficient ...

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09-2155 Jay Franco & Sons, Inc., v. Franek

Intellectual Property Trademarks; functionality A round beach towel is not a valid trademark. “Franek wants a trademark on the circle. Granting a producer the exclusive use of a basic element of design (shape, material, color, and so forth) impoverishes other ...

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2009AP483 Kender v. Auto Owners Ins. Co.

Civil ProcedureChoice of law Although an auto accident occurred in Wisconsin, Minnesota law governs the issue of insurance coverage where the policy was issued in Minnesota. "After considering the relevant contacts under the grouping of contacts rule, we conclude that ...

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