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Case Digests

00-2998, 01-0093 State v. Champion

Kenneth Champion appeals from an order denying his Wis. Stat. sec. 974.06 (1999-2000) motion for postconviction relief. He also raises issues concerning appellate counsel’s performance on a prior direct appeal from the underlying criminal conviction. We affirm the trial court’s ...

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01-2628 Carter v. Litscher

“[Austin v. Mitchell, 200 F.3d 391 (6th Cir. 1999)] concluded that tolling occurs under sec.2244(d)(2) only if a prisoner includes in his state collateral attack at least one of the issues raised in the federal challenge. The court reasoned: ‘Otherwise, ...

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01-0843 State v. Lo

Following a trial and a direct appeal of his convictions for attempted first-degree intentional homicide and first-degree recklessly endangering safety, Anou Lo filed a postconviction motion seeking a new trial on numerous grounds. The circuit court denied the motion in ...

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00-2828, 00-2865 U.S. v. Felix-Felix

“We conclude that these circumstances were largely of Francisco’s own making and thus did not transform the nature of the police conduct. A Terry stop is, after all, a brief involuntary detention. One of the ways the police might ensure ...

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01-0857-CR State v. Sanders

James Sanders appeals a judgment sentencing him to 10 years in prison and 10 years’ extended supervision for second-degree sexual assault, and an order denying his postconviction motion. He argues that the State’s sentence recommendation violated the plea agreement, his ...

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01-1834 U.S. v. Lopez-Flores,

“All the courts to address the question have held that at least in the case of surreptitious reentry, as in this case, the ‘found in’ offense is first committed at the time of the reentry and continues to the time ...

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01-1135 State v. Parsons

Rosemarie Parsons appeals judgments convicting her of two counts of causing mental harm to a child, one count of recklessly causing bodily harm to a child, and one count of failing to prevent bodily harm. She also appeals an order ...

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01-2409 U.S. v. Cravens

“First, under Section 5K2.13(2), the district court concluded that Cravens’ offenses involved a serious threat of violence. Cravens approached the teller at the Manufacturers Bank in Lansing, Illinois, and passed her a demand note which read ‘give me your 100s ...

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01-2004-CR State v. Sullivan

Brian Sullivan appeals the judgment of conviction for resisting an officer as a repeater, which was entered based on Sullivan’s plea, and the order denying his postconviction motion to withdraw his plea or be resentenced. The motion was denied under ...

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00-0889 State v. Davis

“This interpretation of Wis. Stat. § 971.11(7) granting a circuit court the discretion to dismiss a criminal case with or without prejudice best serves the legislative purposes: …We further agree with the court of appeals that to interpret § 971.11(7) ...

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01-1494-CR State v. Ventrice

Lawrence Ventrice appeals from a judgment of conviction for four counts of causing injury by use of a motor vehicle while under the influence of an intoxicant, and four counts of causing injury while operating a motor vehicle with a ...

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01-0323 Zentgraf v. The Hanover Insurance Co.

“The Zentgrafs rely entirely on portions of Mr. Zentgraf’s deposition. The brief portions to which they refer, however, aside from confirming that the Zentgrafs had a long-term marriage and two minor children, merely establish that although his treating physician had ...

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01-0615-CR State v. Borowitz

Richard Borowitz appeals a judgment convicting him on charges of manufacturing marijuana, and possessing it with intent to deliver. Borowitz entered a no contest plea to the charges after the trial court denied his motion to suppress much of the ...

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01-0549 State v. Kolp

This is because the officer who conducted the pat-down search of defendant had considerable experience in the execution of search warrants and he knew that persons involved in drugs often carried weapons. “In this context, however, we do not distinguish ...

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01-1837-CR State v. Arneson

The State of Wisconsin appeals from an order granting Brandy Arneson’s motion to suppress evidence discovered after she consented to a search of her car. The issue is whether Arneson gave her consent voluntarily. Although we agree with Arneson that ...

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01-1773-CR State v. Lenox

Roger Lenox challenges the sentence he received on his conviction for second-degree sexual assault of a child. Following his guilty plea, the court sentenced Lenox to 20 years’ confinement and 10 years’ extended supervision. Lenox contends that the sentencing court ...

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01-0530-CR State v. Hoye

Darwin Hoye appeals a judgment of conviction for being party to the crime of first-degree recklessly endangering safety by use of a dangerous weapon. He claims: (1) the evidence was insufficient to support a probable cause determination at the preliminary ...

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00-1125 Winters v. Miller

“[A]lthough the bailiff’s failure to inform the judge of the jury’s inquiries was inappropriate, it was harmless error and does not warrant reversal. Winters has not established that the substance of the bailiff’s first ex parte response was prejudicial to ...

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00-3940 U.S. v. Chemetco, Inc.

“Section 309(c)(2) of the CWA, which allows for ‘a fine of not less than $5,000 nor more than $50,000 per day of violation,’ also lacks a statutory maximum penalty. 33 U.S.C. sec. 1319(c)(2). Thus, even though the sentence imposed under ...

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99-2580 State v. Kramer

Where the prosecutions for video gambling were limited to Fond du Lac tavern owners, we conclude that defendant has established a discriminatory purpose on the part of the State because the prosecutions were based on an arbitrary consideration: geographic location. ...

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