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Case Digests

00-3419 State v. Wodenjak

“We appreciate the factual distinctions between this case on the one hand and [State v.] Bohling [173 Wis.2d 529 (1993)] and [State v.] Thorstad [2000 WI App 199 (2000)] on the other. But we nonetheless conclude that the holdings of ...

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00-2646-CR State v. Kuik

Harold Kuik appeals a judgment convicting him of four counts of delivering a controlled substance and one count of possession with intent to deliver. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of ...

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00-3116-CR State v. Burgess

Bernard Burgess appeals from the judgment of conviction entered after he pled no contest to one count of delivery of a controlled substance – cocaine, and the trial court sentenced him to eight years’ imprisonment and ordered him to pay ...

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00-2614 State v. Sisk

“Here, because the caller gave what he said was his name, the trial court erred in viewing the call as an anonymous one. Whether the caller gave correct identifying information, or whether the police ultimately could have verified his identity, ...

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00-3066-CR State v. Tisher

Thomas Tisher appeals a judgment convicting him of conspiracy to deliver less than five grams of cocaine. He also appeals an order denying his motion to conform the judgment to the jury verdict, that is, to enter a judgment of ...

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00-1134 Lee v. City of Salem

“[T]he unavoidable implication of his testimony is that what he told the Social Security Administration and the ALJ was untrue. Yet, the notion that he was no longer able to work as a sexton was obviously crucial to the ALJ’s ...

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00-3224-CR State v. Nielsen

William Nielsen appeals from a judgment convicting him of second-degree sexual assault and from an order denying his motion for postconviction relief. Nielsen seeks a new trial based on ineffective assistance of counsel and on his contention that the trial ...

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00-2574 Benson v. City of Ashland, et al.

Carolyn Benson appeals a judgment entered upon a jury’s verdict awarding her the sum of $20,000 for damages in this negligence action. Benson argues that the verdict was inadequate. She also claims that the trial court erroneously (1) refused to ...

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01-0118-CR State v. Olson

Richard Olson appeals a judgment of conviction for possession of cocaine. Olson claims that the court erred by denying his motion to suppress a cocaine bindle because: (1) he was unlawfully detained when officers executed a search warrant; and (2) ...

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99-4254 Sherifi v. INS

“Although Sherifi meets the bare requirements for section 309(c)(5)(C)(i)(V), the section cannot be read in isolation. It merely suspends operation of the stop time rule for certain aliens. Indeed, by its own terms, it is limited to the purpose of ...

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00-2506 State v. Henderson

Treble Henderson appeals an order denying his motion for postconviction discovery. We conclude that the trial court properly exercised its discretion in denying the motion and affirm. This opinion will not be published. Dist I, Milwaukee County, Wagner, J., Per ...

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00-2249 U.S. v. Reed

“The evidence Terry sought to have admitted at his trial demonstrating that his brother, Richard, manufactured methamphetamine on multiple occasions fits into this category of ‘reverse 404(b)’ evidence. Thus, the question we must decide is whether the testimony of the ...

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01-0223 Village of Greendale v. Kramschuster

Stephanie Kramschuster appeals from an order assessing a fine and costs against her after a jury found Kramschuster guilty of the Village of Greendale’s municipal charge of theft. Kramschuster also appeals from the trial court’s order denying her motion to ...

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00-3265 State ex rel. Beese v. Weirsma, et al.

Robert Beese appeals from an order dismissing his attempted civil rights action against both the author of his presentence investigation report (PSI) and that individual’s supervisor in the Probation and Parole Division of the Department of Corrections (DOC). Beese challenges ...

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99-3771 Boyko v. Parke

“In the instant case, Mr. Boyko has made certain allegations that lead us to believe that he ought to be given the opportunity to demonstrate that he did not ‘fail’ to develop the factual record in the state courts. Mr. ...

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00-2672-CR State v. Okoronta

Emmanuel Okoronta appeals from a judgment of conviction for violating a domestic abuse injunction and for bail jumping. He argues that he is entitled to a new trial because his attorney erroneously used a peremptory strike to remove a biased ...

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00-1168 U.S. v. Hodges

“Legal innocence has been recognized by this circuit, and rightfully so, as a fair and just reason to withdraw a guilty plea. See United States v. Gomez-Orozco, 188 F.3d 422, 425 (7th Cir. 1999); United States v. Groll, 992 F.2d ...

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00-0469-CR State v. Jack B.

Jack B. appeals from a judgment of conviction and an order denying his postconviction motion. The issues are whether the court erred by excluding certain evidence, and by denying his motion for a new trial based on newly discovered evidence. ...

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00-1189 U.S. v. Atkinson

“The government expressly informed the court of its pending sec. 5K1.1 motion. The government had also informed Judge Barker of the nature and extent of Atkinson’s cooperation at the two previous sentencing hearings. Based on the terms of the plea ...

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01-1236 U.S. v. Matchopatow

“All the government promised to do in this case was to make a sentencing recommendation. The plea required the government to ‘recommend a 5-level upward departure. …’ The government fulfilled its promise, and the sentencing court disagreed with that recommendation. ...

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01-0166 Amundson v. Village of Fairchild

Jason Amundson appeals a judgment dismissing his breach of contract and wrongful termination claims against the Village of Fairchild. Amundson commenced the action after the village board terminated his employment as the Village Police Chief without giving notice or reason. ...

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