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Case Digests

00-5961 Tyler v. Cain

“The only way the Supreme Court can, by itself, ‘lay out and construct’ a rule’s retroactive effect, or ’cause’ that effect ‘to exist, occur, or appear,’ is through a holding. The Supreme Court does not ‘ma[k]e’ a rule retroactive when ...

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00-2059-CR State v. Craig

Darnial C. Craig appeals from the judgment of conviction entered against him, and the order denying his motion for postconviction relief. He argues on appeal that he was denied due process of law because the prosecutor referred to a sexual ...

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00-2720-CR State v. Myren

This is an appeal from a judgment convicting Ronald Myren of one count of stalking and two counts of disorderly conduct, and from and order denying sentence credit. Ronald Myren raises sufficiency of evidence, other acts evidence, and sentence credit ...

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99-2234 State v. Trawitzki

“As both parties concede, the charges are identical in law because they arise under the same criminal statute, sec. 943.20(1)(a). However, the charges against Trawitzki are not identical in fact. The test for whether charges are not identical in fact ...

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00-2984 Kavelaris v. MSI Ins. Co.

The trial court denied CGLI’s subrogation claim because Kavelaris would not totally recover his full damages under Wisconsin’s “made whole” doctrine if the CGLI subrogation claim prevailed. We affirm the trial court order denying the CGLI subrogation claim and the ...

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00-3345-CR State v. Jones

Charles Jones appeals from a judgment entered on jury verdict convicting him of battery, and bail jumping, stemming from his violation of a no-contact order, both as an habitual criminal, and from the trial court’s order denying his motion for ...

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99-3142-CR State v. Hanson

However, given the state of the record, we cannot determine whether defendant’s driving record supported a criminal sentence even without consideration of his HTO status. We reverse the decision of the court of appeals and remand to the circuit court ...

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93-C-0547 Jeanine B. v. McCallum, et al.

“The Court’s task will be to determine whether the defendants have ‘timely filed a petition to terminate parental rights and begun the required search for an adoptive family, or elected not to file and documented one of the clearly defined ...

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99-4084 Smith v. Zachary

“Smith crafts his claim as an isolated event, a freak occurrence that will not be repeated. However, the nature of the event is open to interpretation. An assault by a prison guard could be a by-product of systemic problems, including ...

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00-1886-CR State v. Hoppe

The State of Wisconsin appeals the trial court’s order granting Paul Hoppe’s motion to suppress all statements he made to police officers of Portage County in connection with their investigation of the death of Jacqueline Simon, Hoppe’s girlfriend. The statements ...

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00-4133 U.S. v. Walton

“[E]nhancing Walton’s sentence under sec. 2G2.2(b)(3) without requiring any proof that Walton intentionally received images depicting sadism, masochism, or other violent conduct does not deprive Walton of sec. 2252’s scienter requirement. As the government notes, Walton’s knowledge and intent regarding ...

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00-2049 Nilssen v. Motorola, Inc.

“By splitting the patent and trade-secret theories into two suits, the district court … directed the eventual appeals to two different courts. If things remain as they are, we will hear the state-law theories, and the Federal Circuit the patent ...

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00-2647 U.S. v. Estrada

“At base, the government’s arrangement with Varela can be characterized as a problematic means of pursuing a drug case. During all of the critical junctures of the case, from the initial investigatory stage, up to and through the period in ...

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00-2107 Draves, et al. v. Priegel

Gavin Priegel appeals from a judgment granting Gerald and Jeannie Draves, Mark and Dawn Wuerl, and Peter and Diane Wellinghoff (collectively, Draves) an easement over his property and permanently enjoining any conduct restricting exercise of the access easement. Priegel argues ...

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01-0459-CR State v. Arpke

Michael J. Arpke appeals from an order denying his motions challenging the forcible withdrawal of his blood, the constitutionality of dual OWI/PAC prosecution and the adequacy of the information provided to him pursuant to the Implied Consent Law. Because the ...

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00-2887 U.S. v. Gilliam

“Generally, Apprendi does not require facts pertinent to application of the Sentencing Guidelines to be determined under an elevated burden of persuasion… However, this is one instance where Apprendi is applicable to a determination made in accordance with the Sentencing ...

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99-1940-CR State v. Peters

Here, defendant was charged with fifth offense operating after revocation of license (OAR). In order to prevent the progressively higher penalties that flow from repeat OAR offenses, he moved to invalidate his second OAR conviction, alleging that the no contest ...

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00-2346 Honaker v. Smith

“We agree with the district court’s conclusion that, on this record, any action taken by Mr. Smith to cause Mr. Honaker’s house to burn to the ground was not effectuated under color of state law. Mr. Honaker does not explain ...

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00-3032 U.S. v. Ronald Magsino Ytem

“[T]here is plenty of … circumstantial evidence of the defendant’s intent to avoid tax. As in Guidry, the defendant was an accountant, moreover an experienced one; he personally prepared the fraudulent tax return; the sums taken were large (they amounted ...

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99-2047 Palazzolo v. Rhode Island

“The State may not put so potent a Hobbesian stick into the Lockean bundle. The right to improve property, of course, is subject to the reasonable exercise of state authority, including the enforcement of valid zoning and land-use restrictions… The ...

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00-2142 White v. White

Jeffrey White appeals from a judgment, entered pursuant to a contempt motion brought by his ex-wife, Nancy White, ordering him to pay delinquent child support and spousal maintenance, as well as attorneys’ fees, to her. Mr. White claims that the ...

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