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Case Digests

01-4347 U.S. v. Jackson

“[W]e agree with the district court that the police properly seized the firearm from Jackson’s waistband. Officer Eakins and another Gary officer observed Jackson walking down the middle of a four-lane highway at approximately 4:20 a.m., conduct which constitutes the ...

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02-0930-FT In re the Marriage of: Spang v. Spang

Thomas Spang appeals an order denying his motion to modify his maintenance obligation to Maureen Spang. Thomas requested the court either terminate or reduce maintenance because he had experienced a reduction in income. The circuit court reduced Thomas’s monthly payment ...

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00-3444 U.S. v. Ringer

“[W]e find venue was proper in the Southern District of Indiana because events took place there which were critical to proving the elements of the false statements case against Ringer. “[O]ne of the elements of an 18 U.S.C. § 1001 ...

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01-2837 Gurtner v. Gurtner

Duane and Marilyn Gurtner appeal a judgment that determined they entered into a partnership with Wayne Gurtner and ordering their real estate sold and proceeds divided, after the payment of certain debts. Duane and Marilyn argue that the record shows ...

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01-2283, 01-4078 U.S. v. Marrero

“Had our defendants not robbed the Detroit dealers, there would have been no transaction-at least with them. But the qualification is vital. Had the defendants not lured the Detroit dealers to Chicago, those dealers would have used their $25,000 to ...

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01-2792 Cops v. City of Kaukauna, et al.

Henry and Geradus Cops appeal a summary judgment in favor of the City of Kaukauna and Wausau Underwriters Insurance Company. They also appeal the dismissal of their inverse condemnation claims against the City and the Wisconsin Department of Transportation. The ...

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01-2864 U.S. v. Williams

“In order to enhance a defendant’s sentence due to prior convictions, the government must timely file an information under 21 U.S.C. § 851(a) describing the bases for the enhancement. Post-conviction but prior to sentencing, the district court is then required ...

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01-2173-CR State v. Krispin

James J. Krispin appeals a judgment convicting him of fourth-degree sexual assault, two counts of second-degree sexual assault by use of force, and three counts of misdemeanor bail jumping, all as a habitual criminal. Krispin, claiming that the State engaged ...

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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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01-3814 Nieves v. Bd. Educ. City of Chicago

“[I]n support of the causation element, Nieves offers only (1) her unsupported allegation that the decision was made after the protected speech and (2) the timing of the termination, occurring approximately one month after the protected speech. Neither of these ...

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01-3372 Tridle, A minor v. Horn

Because Midwest did not file a cross-claim against Horn, there exists no claim upon which Midwest could file a motion for default judgment in its favor and against Horn. “It follows that the failure to aver a claim for relief ...

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01-3236-CR State v. Fields

Maurice Fields appeals a judgment convicting him of second-degree sexual assault by use of force. He also appeals the order denying his motion for postconviction relief. Fields argues that the circuit court erroneously exercised its discretion when it denied his ...

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01-4061 Chapman v. Maytag Corp.

“It is undisputed that Petry did not conduct any scientific tests or experiments in order to arrive at his conclusions. Petry never produced any studies, tests or experiments to justify or verify his conclusions, despite his representations to the court ...

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02-0208-CR State v. Welch

Melvin C. Welch appeals from a judgment of conviction for violating a harassment injunction. Welch raises five issues: (1) whether the harassment injunction is unconstitutionally vague; (2) whether the criminal complaint was sufficient; (3) whether there was sufficient evidence to ...

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01-3255 Martin v. Deuth

“As the Supreme Court held in Coss: ‘[O]nce a state conviction is no longer open to direct or collateral attack in its own right because the defendant failed to pursue those remedies while they were available (or because the defendant ...

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01-1702-CR State v. Grimes

Harold Grimes appeals a judgment convicting him of carrying a concealed weapon. Grimes contends that article I, section 25 of the Wisconsin Constitution, which provides that “people have the right to keep and bear arms,” renders sec. 941.23 unconstitutional. This ...

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02-1301 U.S. v. Cole

“As the district court concluded here, discharging a firearm is an inherently risky act. Even though shots were not aimed at a particular person, the actions of the mob could easily have caused an injury; the case law is replete ...

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01-2808 State ex rel. Tyler v. Bett

“The fatal flaw in Tyler’s request for application of the tolling rule to his petition is that he did not place all of the required documents and a disbursement request for the proper filing fee “in the prison mailbox” until ...

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01-3752, 01-4130 U.S. v. Brumfield

“Brumfield contends that the district court employed an unreliable methodology in holding him accountable for certain sales other members of the Armstrong organization made to a confidential government informant. In particular, from August until December 2000, other members of the ...

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01-2502 State v. Veneman

“[W]e determine that there was sufficient evidence pertaining to the relevant time period from January to April 1999 from which the jury could reasonably conclude that Venema ‘crossed the line’ in violation of the statute. However, we have no way ...

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01-2715 County of Dane v. Sporle

Sherman Sporle appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI), as a first offense. He claims the trial court erred in denying his motion to suppress evidence of the results ...

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