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Case Digests

01-0505 State v. Collette

Andrew B. Collette appeals pro se from a judgment of conviction and an order denying postconviction relief. In his pro se postconviction motion, Collette contended that his postconviction counsel was ineffective, that the sentencing violated his double jeopardy protection and ...

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01-2989 Henderson v. U.S.

“Henderson’s first motion was not a section 2255 motion as such; it is deemed a section 2255 motion as a result of the rule adopted in Evans and other cases… Nothing in AEDPA says that a motion not labeled as ...

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00-2734-CR State v. Bryant

Sirvictor Bryant appeals from a judgment convicting him of possessing cocaine with intent to deliver it and three misdemeanors. The issues are whether the trial court erred by allowing the State to present certain testimony at his trial and by ...

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00-2091 Whitehead v. Cowan

“Whitehead argues that his right to a fair and impartial jury was violated because a local newspaper published the names and addresses of the jurors. Indeed, the Supreme Court has found that publication of juror names and addresses can contribute ...

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00-2558-CR State v. Obriecht

Andrew Obriecht appeals a judgment convicting him of one count of attempted second-degree sexual assault of a child, five counts of fourth-degree sexual assault and one count of disorderly conduct, all as a repeat offender. The issue is whether the ...

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00-2744 U.S. v. Xiong

“Reading the statements in context … we conclude that the prosecutor did not disparage defense counsel’s character. In his closing argument, defense counsel argued that the government suffered from tunnel vision and put on perjured testimony. The prosecutor responded by ...

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00-2552-CR, 00-2553-CR State v. Applebee

Lucas Applebee appeals from judgments convicting him of one count of possession of THC with intent to deliver and one count of criminal damage to property. The issues are: (1) whether Applebee’s confession was voluntary; and (2) whether the trial ...

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99-3577 U.S. v. Oreye

“The judge did not deny Oreye the assistance of counsel. On the contrary, he tried to persuade him to stick with Shanin. His fault if there is one was not going into sufficient detail about the perils of self-representation. We’re ...

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00-1953 State v. Robinson

Edrick Robinson appeals an order denying his motion for sentence credit. The issue is whether he is entitled to sentence credit for time spent confined in a Texas jail, on a pending Texas charge, while at the same time a ...

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98-3665 Boss v. Pierce

“We regard as untenable a broad rule that any information possessed by a defense witness must be considered available to the defense for Brady purposes. To begin with, it is simply not true that a reasonably diligent defense counsel will ...

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00-2633 Giffin v. Poetzl, et al.

Accordingly, where plaintiffs charged that the building inspectors negligently performed their inspections on plaintiffs’ new home construction, the trial court erred in ruling that the inspectors were town employees. Maney-Miller employees were independent contractors because the town did not attempt ...

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01-0602-CR State v. Tutor

George Tutor appeals a judgment convicting him of one count of possession of an untagged deer carcass, and an order denying his postconviction motion. Although Tutor alludes to several issues upon which he believes he is entitled to relief, the ...

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01-1729 U.S. v. Byrd

“Byrd argued that imposing a 12-month sentence would in essence deprive him of any benefit for acceptance of responsibility because 12 months was the maximum sentence he could have received by statute. “Byrd submits that although the government did not ...

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01-0851 State v. Langenbach

This is so because: (1) any effort by the State to compel a defendant to testify against his will at his sentencing hearing clearly contravenes the Fifth Amendment and there is a possibility that defendant could be sentenced in this ...

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01-0584 State v. Lemke

Dale J. Lemke appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI). Lemke contends that the investigative stop of his vehicle was illegal under Terry v. Ohio, 392 U.S. 1 (1968), and Wis. Stat. sec. ...

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00-3084 State v. Tulley

“Because the three prospective jurors with whom the court spoke in camera did not serve on the jury, we conclude that the State has met its burden to show that there is no reasonable possibility that the court’s error contributed ...

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01-0578-CR State v. Yench

Leroy A. Yench appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Yench pled guilty to the charge following the trial court’s denial of his motion to suppress evidence of a blood test ...

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00-2916 State v. Davis

“Therefore, we reverse the order of the trial court denying the State’s motion to compel Glenn E. Davis to submit to a reciprocal psychological examination and remand to the trial court to conduct further proceedings consistent with this opinion. … ...

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00-2914 State v. Krause

James D. Krause appeals pro se from an order denying his postconviction motions for sentence modification and for a restitution hearing. Krause argues that the trial court failed to articulate adequate grounds for denying the motions without a hearing. We ...

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01-0065-CR State v. Marquardt

“[T]he State admits that the facts recited in the affidavits are ‘scant,’ but argues that they are not so thin as to be insufficient for probable cause. The State points to several facts in the affidavits: (1) Mary’s telephone was ...

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01-0421-CR State v. Dickey

Sammy J. Dickey appeals his judgment of conviction for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. Dickey argues that the trial court erred when it allowed blood test results to ...

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00-3390-CR State v. Ortiz

“While we recognize that the police were the agents of the city, the fact remains that it was the police, not the city, who were the direct and actual victims of Ortiz’s crimes. Ortiz did not threaten to injure the ...

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01-0733-CR, 01-0734-CR State v. Highman

Thomas Highman appeals two judgments of conviction, one for operating a motor vehicle after revocation, fifth offense, and one for operating a motor vehicle while intoxicated, sixth offense, and the orders denying his motions for postconviction relief. He contends that ...

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00-2924 Watertronics Inc. v. Flanagan's Inc.

Watertronics Inc. appeals from a judgment entered after the trial court granted Flanagan’s Inc.’s motion to dismiss based on lack of personal jurisdiction. Watertronics claims that the trial court erred as a matter of law in concluding that it did ...

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01-0928-CR State v. Fetzner

Thomas Fetzner appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence because the citizen informant’s tip ...

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01-0619-CR State v. Posius

Richard Posius appeals from a judgment convicting him of operating a motor vehicle with a prohibited alcohol content (PAC), second offense. He argues that the trial court erred by denying his motion to suppress evidence seized subsequent to the police ...

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