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Case Digests

01-1726 Hoyte-Mesa v. Ashcroft

“Although Hoyte was adjudicated excludable, he was subsequently granted parole into the United States with certain conditions, including compliance with our laws. His breach of those conditions is sufficient to authorize his current detention. Cf. Zadvydas, 121 S. Ct. at ...

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00-3266 Jugureanu v. Cretu

John and Michaela Cretu appeal from a judgment in favor of Gheorghe and Tudorita Jugureanu and from an order denying their motion to reconsider. The issues are: (1) whether the trial court misused its discretion in refusing to continue the ...

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01-0377-CR State v. Zunker

Douglas Zunker appeals a judgment convicting him of conspiracy to commit burglary and an order denying his postconviction motion. He argues that the trial court lost competency to proceed because the preliminary examination was not held within 20 days of ...

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00-3783 U.S. v. Collins

“[The defendant] submits that these provisions are void under the vagueness doctrine because the statute fails to define ‘knowingly or intentionally … to possess with intent to … distribute … a controlled substance.’ 21 U.S.C. sec. 841(a)(1). Further, he contends, ...

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01-0361-CR State v. Moder

Richard Moder appeals an order denying his motion to withdraw his guilty plea based on newly discovered evidence. The trial court concluded that Moder was negligent for not discovering the evidence before his plea hearing. Because Moder failed to meet ...

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00-2230 U.S. v. Taylor

“In our case, the shooting was not related to the escape. It would have been related if, for instance, Taylor shot at an officer who was trying to catch him. Nor was the shooting part of an attempt to escape ...

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01-0504-CR State v. Herrera

Antonio Herrera, Jr., appeals a judgment convicting him of first-degree intentional homicide, armed robbery and burglary while armed as a party to the crimes. He argues that the trial court erroneously exercised its discretion when it denied his motion in ...

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00-3521, 00-3847 U.S. v. Brown

“Everyone pretty much knows what a panderer is – quaint language in a 70-year-old Kentucky case colorfully tells us that he is someone ‘who procures for another the gratification for his lusts. He is a panderer who solicits trade for ...

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01-1082-CR State v. Taylor

Davinne G. Taylor appeals from a judgment entered on a jury verdict convicting him of robbery with use of force, and from the trial court’s order denying, without an evidentiary hearing, his motion for postconviction relief. The Honorable Elsa C. ...

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01-0267 Marquardt v. Milwaukee County

“Marquardt argues that the County’s attorney acted in bad faith in advising the pension board to offset all his worker’s compensation benefits, including the 15% increase, and the pension board’s refusal to exempt his 15% increase in worker’s compensation benefits ...

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01-0716-CR State v. Ninham

Omer Ninham appeals a judgment convicting him of first-degree intentional homicide and physical abuse of a child. He also appeals an order denying his postconviction motion. He argues that the trial court erred when it sua sponte struck two members ...

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00-0043 Bruzas v. Quezada-Garcia

Accordingly, the certification from the Court of Appeals is dismissed as improvidently granted. On Certification from the Court of Appeals; Per Curiam Attorneys: For Appellant: Thomas M. Devine, JoAnne M. Breese-Jaeck, Racine For Respondent: Thomas H. Koch, Milwaukee

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01-2184 City of Sturgeon Bay v. Thenell

Ann Thenell appeals a judgment convicting her of failing to stop at a stop sign. The basic tenor of her principal argument is that the trial court erred when it found the arresting officer’s testimony more credible than Thenell’s. Because ...

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01-0825 Gojmerac v. Mahn

Accordingly, the dominant estate does not include Lots 6 and 7 of Block Two because a right of first refusal is not equal to an ownership interest and the owners of Lots 6 and 7 are not entitled to use ...

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01-0702 City of Whitewater v. Wyczawski

Jeffrey L. Wyczawski appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). Wyczawski argues that the results of his blood alcohol test should not have been admitted because (1) there ...

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01-0740 Racine County v. Cape, et al.

We agree with defendant that its operation of the modernized crusher system only increases the frequency, intensity and volume of its recycling capabilities and presents no identifiable change in use. We disagree with the county’s argument that an identifiable change ...

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01-1182 City of Clintonville v. Kuhn

Michael Kuhn appeals a judgment convicting him of operating a motor vehicle with a prohibited alcohol concentration, in violation of a city ordinance. He claims the trial court erred in denying his motion to suppress evidence of the result of ...

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01-1763-CR State v. Baskin

Scott Baskin appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence based upon a lack of ...

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01-2410 Kinney v. Federal Security, Inc.

“We agree with Kinney that the district court’s judgment should be vacated and the case dismissed because the appeal is moot. See Barbour, 583 F.2d at 337. However, the mootness of the appeal and the vacatur of the district court’s ...

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01-1674-CR State v. Caldwell

Danny R. Caldwell appeals from an amended judgment of conviction imposing an added period of confinement as a condition of probation. Caldwell contends that the trial court’s modification of the judgment violated his due process rights as set out in ...

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