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Case Digests

01-3505 Koski v. Standex International Corp.

“Koski offers deposition testimony from other older employees who were terminated, demoted, or who felt ostracized at Spincraft in an effort to rebut all of Spincraft’s proffered reasons. These employees testified that various managers at Spincraft, not Schmitz specifically, have ...

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01-3445-CR State v. Braden

Alvin Braden appeals from a judgment entered after a jury found him guilty of one count of delivery of a controlled substance, cocaine (5 grams of cocaine or less), as party to a crime and within 1,000 feet of a ...

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01-2749-CR State v. Stibb

Gary L. Stibb appeals from a judgment of conviction of child enticement and from an order denying his motion for postconviction relief. He argues that a juror should have been struck for cause, that he was denied the effective assistance ...

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02-2151 U.S. v. Jones

“The indictment charged that Jones ‘willfully and maliciously’ disseminated false information about the harmless powder he placed in the premises of the Hoosier Heartland Travel Center, a facility used in interstate transportation. (The Travel Center is a truck stop near ...

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01-3497-CR State v. Hall

Ramon C. Hall appeals from a judgment of conviction entered after he pled guilty to one count of armed robbery while concealing identity, party to a crime, one count of possession of a short-barreled shotgun, and one count of possession ...

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00-4184, 00-4214 U.S. v. Smith

“[E]vidence of an unexplained, lavish lifestyle is probative of the existence of income derived from a drug conspiracy. See United States v. Penny, 60 F.3d 1257, 1263 (7th Cir. 1995) (ruling that ‘evidence of unexplained wealth is probative and therefore ...

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02-0526-CR State v. Nagel

Scott W. Nagel appeals a judgment convicting him of recklessly causing bodily harm to a child by conduct that creates a high probability of great bodily harm, as a habitual criminal. Nagel argues that the trial court erred by admitting ...

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02-1762 U.S. v. Franks

“Franks deposited the checks into her personal account. Even if she drew off the embezzled funds promptly, her own funds remained and could have been debited to cover the loss, had the checks not been sent out of state and ...

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02-1174-CR State v. Patterson

Brian A. Patterson appeals from the judgment of conviction for Operating After Revocation (OAR) – Fifth or Subsequent Offense, following a jury trial, and from the order denying his motions for post-conviction relief. He argues that “the prosecutor’s violation of ...

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02-1551 U.S. v. Gramer

“Gramer’s participation was essential to the success of the scheme because with multiple signators no single person’s name appeared on all of the paperwork as authorizing repairs or approving payments. Gramer’s interaction with, and dependence on, the other co-defendants demonstrates ...

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02-0630 LaCount v. Salkowski

This is because the statute expressly excludes “joint legal custody” as defined by Wis. Stat. sec. 767.001(ls) as the type of custody “both” the husband and wife must have over their daughter under Wis. Stat. sec. 343.15(2)(b). “Langer further suggests ...

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02-0611 State v. Ligon

John Ligon appeals from an order revoking his motor vehicle operating privileges. The circuit court revoked Ligon’s privileges after it concluded he had no basis to refuse to consent to a chemical test of his blood alcohol content. Ligon challenged ...

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02-0630 LaCount v. Salkowski (57968)

This is because the statute expressly excludes “joint legal custody” as defined by Wis. Stat. sec. 767.001(ls) as the type of custody “both” the husband and wife must have over their daughter under Wis. Stat. sec. 343.15(2)(b). “Langer further suggests ...

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01-2915 Vernon County v. Wolfgram

Gary Wolfgram appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI) and of operating with a prohibited alcohol concentration. Wolfgram claims the arresting officer lacked the reasonable suspicion required for a ...

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02-0192 State v. Tkacz

“We hold that the ‘substantial relationship’ test is the proper standard for analyzing whether a conflict of interest exists in a criminal serial representation case where the defendant raises the issue prior to trial. The decision in Love makes it ...

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02-1196-CR State v. Stella

Michael Stella appeals the judgment convicting him of operating while intoxicated (3rd offense). He also appeals from the order denying his motion to suppress. Stella argues that the trial court erred in denying his motion challenging the stop of his ...

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01-3342 State v. Volk

“The first sentence of this paragraph clearly and unambiguously authorizes the sentencing court to apply the penalty enhancer to the term of confinement. However, the statute confers no such authorization to the term of extended supervision. This alone strongly suggests ...

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01-3326-CR, 01-3327-CR State v. Engebretson

Jeremy Engebretson appeals his conviction for second-degree sexual assault of a child, and burglary as party to the crime, and the circuit court’s order denying postconviction relief. Engebretson argues that he is entitled to withdraw his no contest pleas to ...

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01-3341 State v. Noll

“Noll’s motion invoked the circuit court’s inherent authority to modify his sentence based on new factors. This inherent authority may be exercised as a matter of discretion and is not governed by a time limitation. [Citation]. The circuit court, therefore, ...

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01-3426-CR, 01-3427-CR State v. Fitch

Douglas E. Fitch appeals from judgments convicting him of two counts of repeated sexual assault of the same child on his guilty plea and from orders denying his postconviction motion to withdraw his guilty plea. We conclude that the circuit ...

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00-3074 In Re: the Commitment of Steven Burgess

This is so because Public Law 280 grants jurisdiction over tribal Native Americans in ch. 980 proceedings. “Tribal sovereignty is dependent on and subordinate to only the federal government, not the states. [citation] Congress may, however, grant states the right ...

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02-0246-CR, 02-1096 State v. Klotz

Gary L. Klotz, acting pro se, appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issues on appeal are whether the trial court properly denied Klotz’s postsentencing motion to withdraw ...

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02-0629 State v. Kevin L.C.

Kevin L.C. appeals an order denying his postconviction motion under Wis. Stat. sec. 974.06. Kevin’s motion challenged a 1998 judgment convicting him of sexually assaulting twelve-year-old Melissa M.W. and his six-year-old stepdaughter, Kimberly A.R. The charge involving Melissa was initially ...

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02-0090 McCabe v. McCabe

Kathryn M. McCabe appeals from a judgment requiring her to convey ownership in a home to her brother, Gerald Robert McCabe. She argues that the terms of the implied contract enforced by the trial court were not proven or definite ...

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02-1257 Land Title Services Inc. v. Kemnitz

Land Title Services, Inc., appeals from a small-claims judgment dismissing its claims against Kara L. Kemnitz after a bench trial. We affirm. This opinion will not be published. Dist I, Milwaukee County, Brennan, J., Fine, J. Attorneys: For Appellant: Paul ...

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01-3790 Reich v. Ladish Co. Inc.

“According to Ladish’s definition of Participant, in addition to reaching his fifteenth year of employment and becoming disabled while employed, Reich was required to receive a finding of disability from the SSA while he was still employed. Ladish insists on ...

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