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Case Digests

01-4263 Galbraith v. U.S.

“Galbraith claims that his trial counsel failed to make clear to him that his unconditional plea waived for all time his power to challenge the denial of his motion to suppress. Galbraith claims that he pleaded guilty simply to expedite ...

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02-1896 Edmunds v. Deppisch

“The validity of the inferences drawn from demeanor evidence in these settings has been questioned. As Olin Guy Wellborn III, “Demeanor,” 76 Cornell L. Rev. 1075 (1991), bluntly puts it, summarizing empirical studies: ‘According to the empirical evidence, ordinary people ...

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02-1430-FT Wendorff v. Oechsner

Donn Wendorff appeals the trial court’s order dismissing his injunction action against Andrew Oechsner. The issue is whether the trial court erred in dismissing the case. We conclude that it did and therefore reverse. This opinion will not be published. ...

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02-1731 Schultz v. Page

“[T]he Supreme Court held as a matter of law in Ake v. Oklahoma that an indigent defendant is entitled to have a psychiatrist appointed to assist in his defense if the defendant shows that his sanity at the time of ...

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02-0917 Kaufman v. Smith

James J. Kaufman appeals pro se from an order affirming a prison disciplinary decision and dismissing his certiorari petition for review of two other prison disciplinary decisions. He claims that Wis. Stat. sec. 893.735 (1999-2000), the 45-day statute of limitation ...

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01-1672 U.S. v. Rumsavich

“We agree with the court’s decision to enhance Rumsavich’s sentence because he deliberately, systematically, and purposefully targeted Paine and a number of other widowed, aged, unsophisticated and unwary investors as victims in his high-risk business ventures and then proceeded to ...

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02-1892-CR State v. Everts

Chad D. Everts appeals from a judgment of conviction for party to the crime of battery as a habitual offender and from a trial court order denying his motion for plea withdrawal. Everts argues that his plea was not knowingly ...

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02-0258-CR State v. Maas

Christopher E. Maas has appealed from a judgment convicting him upon a guilty plea of operating a motor vehicle while intoxicated, third offense. The sole issue on appeal is whether the trial court erroneously denied Maas’ motion to suppress evidence ...

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01-4222 Eustace, et al. v. CIR

“Applied Systems has not tried to show that its software embodies any leap in information technology or that there was any doubt about the technological ability to produce software of this kind. But it contends that º41 does not set ...

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02-1483 County of Walworth v. Aarud

Jason M. Aarud appeals from a judgment of conviction for driving while intoxicated, first offense. Aarud argues that he was seized without reasonable suspicion or probable cause when he was asked to take a preliminary breath test (PBT) and to ...

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01-2302, 01-3414 U.S. v. Chavin

“Chavin first contends that since he was convicted of offenses listed in the ‘to be grouped’ category the district court had no choice but to group the offenses because listed offenses must be grouped automatically. Because such a conclusion flies ...

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02-1574 City of Mequon v. Peacock

This appeal requires us to address whether a totally anonymous tip provides sufficient justification for an investigative traffic stop. The tip contains an assertion of criminal activity-a possible intoxicated driver traveling along a main thoroughfare-and nothing more. It lacks any ...

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02-0960 Village of Elm Grove v. Fleming

Tina Fleming appeals from a judgment of conviction for operating a motor vehicle while under the influence (OWI). Fleming argues that the trial court erroneously denied her motion to suppress evidence because there was no probable cause to give her ...

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02-1891-CR State v. Tuomi

Aaron Tuomi appeals an order denying suppression of evidence obtained during a traffic stop. He also appeals his resulting conviction for operating with a prohibited blood alcohol concentration (OWPAC), second offense. Tuomi argues that an anonymous tip reporting he had ...

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02-0786-CR State v. Walker

The State appeals an order granting Dayon R. Walker’s motion to suppress evidence seized from his motel room. The State contends that the circuit court erred by concluding Walker had been coerced into signing the “consent to search” form. Alternatively, ...

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02-1890-CR State v. Parker

Crystal C. Parker appeals from a judgment of the trial court convicting her of retail theft as a repeater and obstructing as a repeater, and an order of the trial court denying her postconviction claim that the trial court had ...

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01-704 U.S. v. Bean

The Secretary of the Treasury is authorized to grant relief from a firearms disability if certain preconditions are met, and an applicant may seek federal-court review if the Secretary denies his application. Ibid. Since 1992, however, the appropriations bar has ...

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02-1302 State v. Richard G.B.

“We conclude the exception for a proceeding in which one spouse is charged with a crime against a third person “committed in the course of committing a crime against the other,” sec. 905.05(3)(b), applies in this case. Therefore, the trial ...

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02-0046 In Re: the Commitment of Shawn Virlee

“We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how the statute’s lack of a provision for pretrial release affects the trial court’s judgment. Virlee’s appeal challenges his ...

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01-2982 Tarpley v. Allen County

“[T]he jail’s policy with respect to reading materials is reasonably related to the general interest in maintaining safe conditions and in preventing later disputes over lost or damaged items. These are well-established legitimate government concerns. See O’Lone, 482 U.S. at ...

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02-0360 Ralph v. Bank One Wisconsin

Gordon P. Ralph appeals from a judgment dismissing his amended complaint against Bank One Wisconsin. Ralph alleged that Bank One had a duty to delay transactions Cora Buckowich made on her corporate account because Bank One had “notice” that Buckowich ...

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01-4187 Muhammed v. City of Chicago, et al.

“Muhammed … argues that summary judgment for the City and Volland was not proper because there is a dispute regarding whether Mitchell actually robbed La- Salle Bank. According to Muhammed, the robber’s identity is material to the outcome of the ...

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