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Case Digests

02-1296 Hampton v. Wyant

“What a state has to do is look to the appropriate body of decisional law. Faced with a claim that the police lacked probable cause to make an arrest, a state court could not respond that in Illinois it is ...

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00-0541 State v. Harvey

This is because a jury instruction that directs a jury to accept as true a judicially-noticed fact that constitutes an element of the crime is indistinguishable from a mandatory conclusive presumption on an elemental fact, which is unconstitutional under Sandstrom ...

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01-1858-CR State v. Goff

Mikkel Goff appeals from a judgment of conviction and order denying his postconviction motion. The main issue is whether the court erred by allowing witnesses to state their opinion of the victim’s character for truthfulness. We conclude that it was ...

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01-2618 U.S. v. Roach

“The district court had before it statements from doctors who examined Roach, as well as evidence about Roach’s history relating to her compulsive shopping binges and the activities surrounding those binges. The district court found that Roach was ‘not able ...

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01-4122, 02-1190 U.S. v. Mitchell

“Mitchell and Peete note that the Supreme Court subsequently applied Lopez to narrow a criminal statute and invalidate another law on Commerce Clause grounds. See Jones v. United States, 529 U.S. 848 (2000); United States v. Morrison, 529 U.S. 598 ...

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01-1406 State v. Miller

“Here, the jury was instructed to agree upon a specific act committed within a specific time period. Miller contends that the verdict form should have required the jury to nail down when the agreed-upon offense was committed. However, where the ...

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02-0483-CR State v. Riddle

Donald R. Riddle appeals from a judgment of conviction for operating a motor vehicle while intoxicated and an order denying his motion for reconsideration. Riddle argues that the trial court erred in denying his motion to suppress because the police ...

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01-1508 Toptchev v. INS

“[T]he IJ concluded that even if the petitioners had successfully established some form of past persecution, they were unlikely to experience a recurrence of that persecution upon return to Bulgaria, given the passage of time since their departure coupled with ...

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01-3060 Village of Little Chute v. Walitalo

“According to Walitalo, the fact that he was forced to choose between the loss of his driving privileges and submission to a chemical test amounted to coercion. “However, the arresting officer, by reading the informing the accused form, simply stated ...

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01-2285 State v. Pawelek

Adam S. Pawelek appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while intoxicated, as a first offense. Pawelek contends the circuit court erred in denying his motion to suppress evidence. For the following ...

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02-0337-FT Murphy v. MCC Inc., et al.

MCC, Inc., appeals an order interpreting a stock redemption agreement and choosing an appraiser in a declaratory judgment action by the Murphys to determine the value of MCC’s shares. The order confirms that any valuation will include all of MCC’s ...

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01-2645-CR State v. Stank

Roger L. Stank appeals from a judgment of conviction of six counts of theft as a party to the crime. He challenges the search conducted of his rural property, the ruling that the prosecution was not required to disclose the ...

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01-1945-CR State v. Harrell

On Nov. 20, 1996, George C. Harrell was sentenced to fourteen years in prison for burglary, as a party to the crime. He was also placed on probation, consecutive to the fourteen-year prison sentence, based on a judgment convicting him ...

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01-2646-CR State v. Clark

David J. Clark has appealed from an order entered in the trial court on Sept. 12, 2001. In the order, the trial court awarded Clark additional sentence credit in the amount of 202 days for the time he spent in ...

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00-2473 Bammert v. Don's Super Valu, Inc.

“The public policy exception to the employment-at-will doctrine is a narrow exception that allows at-will employees to sue for wrongful discharge if they are fired for fulfilling, or refusing to violate, a fundamental, well-defined public policy or an affirmative legal ...

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01-2816 State v. Ekblad

Paul Ekblad appeals a judgment convicting him of fifteen counts of criminal slander of title, and an order denying his motion for postconviction relief. Ekblad argues that we should vacate his judgment of conviction because (1) he was denied his ...

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01-0197 Linzmeyer v. Forcey

Further, we conclude that the presumption of openness is not overcome by any other public policy favoring non-disclosure, such as plaintiff’s right of privacy. Even though release of the report might cause plaintiff some personal embarrassment and damage his reputation, ...

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01-2527-CR State v. Balliette

David J. Balliette appeals from the judgment of conviction entered against him and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel. We disagree and affirm. This opinion ...

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02-0567-CR State v. Stafford

Thomas L. Stafford raises several challenges to his conviction after a jury trial for violating the terms of a domestic abuse injunction. Stafford asserts that the trial court erred in turning down his motion to dismiss in which he alleged ...

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