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Author Archives: dmc-admin

09-4077 U.S. v. Kruse

Tax FraudSufficiency of the evidence Where a defendant could not locate receipts to support his deductions, and took personal draws from the business far exceeding his reported income, the evidence was sufficient to support his conviction for filing false tax ...

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2009AP2965 Pagoudis v. Korkos

TortsMedical malpractice; statute of repose; fraudulent concealment Although a doctor failed to inform a patient that a tumor was cancerous, the five-year statute of repose runs from that date, and not when the patient discovered the failure. "Unlike the physicians ...

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2009AP3001-CR State v. Lonergan

Motor VehiclesOWI; reasonable suspicion Michael Lonergan appeals from a judgment of conviction finding him guilty of third offense operating while intoxicated, in violation of Wis. Stat. § 346.63(1)(a). He contends the circuit court erred in denying his suppression motion and ...

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2008AP595 In re the marriage of: Halsted v. Gilbertson

FamilyProperty division; attorney fees|Steven Scott Gilbertson appeals and Tracey Ann Halsted cross-appeals from circuit court orders enforcing the property division incorporated into their 2004 judgment of divorce, denying Halsted's request for attorney's fees from Gilbertson due to overtrial, and denying ...

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2009AP1990-CR State v. Sowatzke

Motor VehiclesOWI; prior convictions Where a defendant had two prior OWI convictions on the date of the offense, and his BAC was .048, the state could not amend the charge to operating with a prohibited BAC based on a conviction ...

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2009AP563 State v. Brown

Criminal ProcedureIneffective assistance Derrick D. Brown appeals from an order denying his postconviction motion seeking relief for the alleged ineffective assistance of trial counsel. The issue is whether trial counsel was ineffective for failing to move to suppress the show-up ...

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2008AP1185-CR State v. Carter

EvidenceSexual assault; rape-shield statute Where evidence that a child had previously been sexually assaulted would not be admissible, it was not ineffective assistance of counsel for the attorney not to attempt to present the evidence. "[W]e conclude that the court ...

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2009AP1210-CR State v. Parmley

SentencingSex offender registration In calculating whether a defendant is more than four years older than the victim, and thus required to register as a sex offender, the age difference is calculated by time, not age. "The legislative intent in carving ...

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2009AP1665-CR State v. Hollingsworth

SentencingRestitution; ability to pay Gregory G. Hollingsworth appeals from a judgment convicting him of aggravated battery with intent to cause bodily harm and from an order denying his postconviction motion to reduce the monthly restitution payment to the victim. Hollingsworth ...

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Commentary: Gmail a useful communications tool

Looking for a good, free e-mail provider? Just Google it. About.com released its "Readers Choice Awards 2010" this spring. The overwhelming favorite was Google's Gmail for "Best Free Email Service." Forty-six percent of survey participants opted for Gmail, over competitors ...

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2009AP1391-CR State v. Guman

SentencingModification Mark L. Guman appeals from an order summarily denying his sentence modification motion. The issue is whether the trial court misconstrued Guman's sentence modification motion based on a new factor, as one challenging the trial court's discretion, rendering it ...

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2009AP760 Cottonwood Financial, Ltd., v. Estes

Consumer ProtectionArbitration; class actions An arbitration provision that prohibits a consumer from proceeding as part of a class is substantively unconscionable. "Like in Coady, the arbitration provision here explicitly prohibits a consumer from proceeding as part of a class. This ...

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2009AP1610-CR State v. Scott

1st-degree reckless homicideSufficiency of the evidence Sandra Scott appeals from a judgment of conviction of first-degree reckless homicide of a two-and-one-half year-old child. She argues that the evidence was insufficient to establish that she had a subjective awareness that her ...

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2009AP774-D OLR v. Boyd

Professional ResponsibilitySuspension Where attorney Joan M. Boyd neglected numerous client matters, failed to communicate with the clients and kept unearned retainers, a 12 month suspension is appropriate. "We agree with the referee's recommendations regarding a 12-month suspension to run consecutive ...

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09-2443 Leonard v. Eastern Illinois University

EmploymentRace discrimination; retaliation Where an employee denied a promotion received the lowest scores of the candidates from all the interviewers, and not just those against whom he had previously filed a civil rights complaint, summary judgment was properly granted to ...

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2009AP1785 City of Wisconsin Dells v. Roeder

Motor VehiclesOWI; probable cause Ryan Roeder appeals the judgment of conviction for operating while under the influence of an intoxicant (OWI), in violation of Wis. Stat. § 346.63(1)(a), first offense. He contends the traffic stop by the arresting officer was ...

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08-1301 Carr v. U.S.

SORNAEx post facto clause Section 2250 of the Sex Offender Registration and Notification Act does not apply to sex offenders whose interstate travel occurred before SORNA's effective date. The Court rejects the Government's view that §2250(a) requires a sex-offense conviction, ...

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08-974 Lewis v. City of Chicago

EmploymentRace discrimination; timeliness A plaintiff who does not file a timely charge challenging the adoption of a practice may assert a disparate-impact claim in a timely charge challenging the employer’s later application of that practice as long as he alleges ...

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2009AP2841-CR State v. Miske

Search and SeizureReasonable suspicion We reject Michael S. Miske's claim that law enforcement officers lacked reasonable suspicion to stop and detain him on an unlit back country road while they were investigating a report of a battery by a member ...

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06-1619 U.S. v. Apria Healthcare Group, Inc.

Civil ProcedureQui tam actions Where other pending qui tam actions regarding the same conduct were settled, they are no longer pending, and the later filed qui tam action should be dismissed without prejudice. "The district court dismissed the complaint with ...

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09-2555 U.S. v. Bell

Criminal ProcedureForfeiture Where the government failed to argue an issue on appeal, it forfeited the argument and can't raise it in a motion for rehearing. "The government has filed a petition for rehearing seeking affirmance of this case on the ...

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