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Case Digests

01-2323-CR State v. Holman

Dan E. Holman appeals from a judgment entered after a jury found him guilty of bail jumping. He claims that the bail condition imposed violated his constitutional right to free speech. Because the bail condition imposed a reasonable and necessary ...

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01-1802 U.S. v. Rietzke

“Rietzke argues that he should have been punished under the misdemeanor provision, rather than the felony provision, because Congress intended that firearms dealers be punished more leniently than non-dealers who also violate the statute and thus limited prosecutorial discretion by ...

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01-1395-CR State v. Greve

State v. Austin, 171 Wis.2d 251, 257-58, 490 N.W.2d 780 (Ct. App. 1992), establishes a bright-line rule that before a case can be returned to the substituted judge, an agreement for the transfer must be signed by the defendant or ...

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00-3764 U.S. v. Senffner

“The purpose of the SEC’s initial proceeding, investigating the securities law violations of Lauer, Senffner, and CCI, was not solely to investigate those violations for the sake of exposing them, but also to identify and recover CHA funds involved in ...

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01-1489 State v. Simmons

In these consolidated cases, Frankie Wardell Simmons, pro se, appeals from the circuit court order denying his petition for a writ of error coram nobis. He argues that the court erred in denying his petition. We affirm. This opinion will ...

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01-2022 U.S. v. Warren

“Whether Mr. Warren touched the teller’s back with the gun or whether he simply came close to touching her is not an important distinction for purposes of determining the applicability of the enhancement. Although something more than a general display ...

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00-3764 U.S. v. Senffner (56576)

“The purpose of the SEC’s initial proceeding, investigating the securities law violations of Lauer, Senffner, and CCI, was not solely to investigate those violations for the sake of exposing them, but also to identify and recover CHA funds involved in ...

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00-1530-CR State v. Michael D.M.

Michael M., pro se, appeals a judgment of conviction of two counts of first-degree sexual assault of a child, each count enhanced for sexual assault by a person responsible for the welfare of the child under sec. 948.02(3m), and one ...

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01-1549 State v. Quiroz

“Here, the maximum for Quiroz’s Class D felony crime was five years. With the dangerous weapon penalty enhancer, this five-year penalty could be increased by no more than four years, Wis. Stat. § 939.63(1)(a)3, for a new maximum penalty of ...

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01-2155-CR State v. Rathke

Michelle M. Rathke appeals from the judgment of conviction for obstructing an officer, and from the order denying her motion for postconviction relief. She argues that the trial court: (1) denied her the constitutional right to confrontation, by excluding the ...

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01-1885 Boyd v. Gesualdo, et al.

Lee Boyd appeals from a judgment after a bench trial in small claims court. Although the trial court entered judgment on Boyd’s behalf in the amount of $584.50, Boyd claims that the trial court erred in failing to award him ...

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01-0720-CR State v. Collazo

Miguel Collazo appeals a judgment convicting him of armed robbery of a Sentry store and an order denying his postconviction motion. He argues that a photo lineup procedure was unduly suggestive and tainted the store clerk’s in-court identification of Collazo. ...

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00-3962 Pop v. INS

“Pop contends that ‘the IJ may have decided differently if Pop’ had presented Mariana’s status, because, Pop alleges, his claim and Mariana’s claim are based on the same facts and on the same basis of persecution. We disagree. Pop and ...

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01-0809-CR State v. Cason

Raheim Cason appeals the judgment entered after a jury convicted him of attempted first-degree intentional homicide while using a dangerous weapon and first-degree reckless injury while using a dangerous weapon pursuant to Wis. Stat. secs. 940.01(1)(a), 939.32, 939.63 and 940.23(1)(a) ...

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01-2871 Chapinski, et al. v. Ziglar, et al.

“Appellants claim that if the INS cannot promptly adjudicate their applications and change their status without removal proceedings, they are left without a remedy and, in effect, in ‘no man’s land’ until the INS or the Immigration Court decides to ...

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01-2303-CR State v. Carter

Howard Carter appeals from a conviction after a jury trial for second-degree sexual assault and an order denying his motion for postconviction relief. Carter argues he is entitled to a new trial because: (1) he was denied his constitutional right ...

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01-2320-CR State v. Dasko

Kim A. Dasko appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Dasko was found guilty of the charge following a requested jury trial. Dasko’s appeal raises two issues: (1) the trial court ...

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01-2340 U.S. v. Bolden

“Much of the evidence presented at trial supported both the charges of possession with intent to distribute and the conspiracy count. Davis testified not only that Mr. Bolden distributed cocaine to Nettles-Bey, but also admitted that he conspired with Mr. ...

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