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Case Digests

01-0498 State v. Reynolds

“While [the sentencing judge’s] comments were well-considered in many respects, they reflected no recognition of the trial testimony, the presentence investigation report, or [the trial judge’s] sentencing comments on the severity of the offense. That information was essential to a ...

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01-0267 Marquardt v. Milwaukee County (56254)

“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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01-0356-CR State v. Stewart

Robert Stewart, appealing pro se, raises numerous issues challenging his conviction, after a jury trial, for operating a motor vehicle while under the influence of an intoxicant (OWI), fourth offense. The State concedes that the trial court failed to conduct ...

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01-1934 Rendler v. Corus Bank

“Rendler requests this court to interpret the TILA as requiring a lender to provide a single document to a borrower, that reflects the total cost of a loan, regardless of the number or variety of loans that comprise a credit ...

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00-2965 Drilias v. Capital City Partnership

William Drilias appeals a summary judgment dismissing his breach of contract action against Capital City Partnership. The trial court concluded that Drilias lacked the capacity to sue on a contract between Capital City and Festival Events, Inc. (FEI), because FEI’s ...

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01-0281 State ex rel. Redding v. Schwarz

David Schwarz, Administrator of the Division of Hearings and Appeals, appeals an order reversing a probation revocation decision. The issue is whether that decision was reasonable and supported by substantial evidence. We affirm the trial court’s determination that it was ...

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01-1425-CR State v. Harding

The State appeals from a trial court order suppressing all evidence resulting from the arrest of Darryl A. Harding. The State contends that the trial court erred in finding that the arresting officer did not have “reasonable suspicion” to stop ...

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01-0577 Johnson v. City of Waukesha

The City of Waukesha appeals from the order of the circuit court which reversed the City’s decision to rescind the rooming house license issued to Lori A. Johnson. The City argues on appeal that its action rescinding Johnson’s license was ...

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01-0976-CR State v. Holland

Carlton Holland appeals from a judgment, entered upon a jury’s verdict, convicting him of one count of second-degree sexual assault while aided or abetted by another and one count of child enticement, as party to a crime. Holland argues that ...

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99-1666-CR, 00-0802-CR State v. LeRose

Paul Alan LeRose appeals pro se from a judgment of conviction of two counts of theft by fraud and from an order denying his motion for postconviction relief. The conviction arises out of LeRose’s billing practices for services rendered to ...

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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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