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Case Digests

01-0335-CR State v. Smiley

Eric Jason Smiley appeals from a judgment entered after a jury found him guilty of first-degree intentional homicide, while armed with a dangerous weapon. He also appeals from an order denying his postconviction motion. Smiley claims: (1) the trial court ...

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00-3939 U.S. v. Wallace

“To the extent that Wallace is implicitly inviting us to reject Stoia, Cerro, and Montana, and to adopt the Cancilla approach, we decline the overture. (We are aware that the Supreme Court has under consideration the case of Mickens v. ...

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00-2071-CR State v. Rupp

John A. Rupp appeals pro se from a judgment sentencing him after revocation of probation and from an order denying his motion for sentence modification based on a new factor. Rupp attacks the validity of his no contest plea, the ...

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01-2136 U.S. v. Miller

“Here, it was immediately noted after the ‘subpoena power’ comment that the government carried the burden of proof. Additionally, the district court instructed the jury that ‘[t]he government has the burden of proving the guilt of the defendants beyond a ...

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01-1359 State v. Ringler

Amanda A. Ringler appeals from an order revoking her operating privilege based upon her improper refusal to submit to a chemical test following her arrest for operating while intoxicated (OWI). Ringler contends that the arresting officer did not have reasonable ...

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01-1337-CR State v. L'Minggio

Quintin D. L’Minggio appeals an order of the trial court denying his motion to modify his sentence for having sexual intercourse with a child over 16 years of age as a repeater and obstructing justice. We affirm the denial. This ...

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00-3347 Essex Insurance Company v. Manley, et al.

James Manley, Select Insurance Agency Inc., and their insurer, Utica Mutual Insurance Co., (collectively, “Manley”) appeal from the circuit court judgment, following a court trial, awarding Essex Insurance Company $24,000 damages. Manley argues that the circuit court erred in denying ...

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01-0960-CR State v. Aguilera

Alejandro Aguilera appeals an order denying his motion for sentence modification. He claims that his ineligibility for the challenge incarceration program and a deportation order entered after sentencing constitute new factors warranting a hearing on his motion. We disagree and ...

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01-1886 In the Interest of M.D.: State v. M.D.

M.D. appeals from a judgment adjudicating her delinquent for second-degree sexual assault of a child. M.D. contends that the victim’s testimony was incredible and that the corroborating evidence was inadequate to support a conviction on the sexual assault charge. She ...

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00-6567 Dusenbery v. U.S.

The Fifth Amendment’s Due Process Clause entitles individuals whose property interests are at stake to “notice and an opportunity to be heard.” United States v. James Daniel Good Real Property, 510 U.S. 43, 48. The straightforward reasonableness under the circumstances ...

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00-1819 Gawley v. Indiana University

“Minger harassed Gawley for a period of approximately seven months. At times, he made up to three inappropriate comments to her each day. During this time, she told Minger at least ten times to stop harassing her. Even though her ...

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00-4065 EEOC v. University of Chicago Hospitals

“After demonstrating constructive discharge, the plaintiff must show that the constructive discharge was motivated by discriminatory intent-in this case, religiously discriminatory intent. See Simpson, 196 F.3d at 877. But contrary to the Chicago Hospitals’ assertions, it is not necessary that ...

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00-0535 State v. Williams

“The prosecutor’s affirmation of the plea agreement was not adequate to overcome the prosecutor’s covert message to the circuit court that a more severe sentence was warranted than that which had been recommended. … “This case presents a close question. ...

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01-1494-CR State v. Ventrice

Lawrence Ventrice appeals from a judgment of conviction for four counts of causing injury by use of a motor vehicle while under the influence of an intoxicant, and four counts of causing injury while operating a motor vehicle with a ...

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01-0323 Zentgraf v. The Hanover Insurance Co.

“The Zentgrafs rely entirely on portions of Mr. Zentgraf’s deposition. The brief portions to which they refer, however, aside from confirming that the Zentgrafs had a long-term marriage and two minor children, merely establish that although his treating physician had ...

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01-0615-CR State v. Borowitz

Richard Borowitz appeals a judgment convicting him on charges of manufacturing marijuana, and possessing it with intent to deliver. Borowitz entered a no contest plea to the charges after the trial court denied his motion to suppress much of the ...

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01-0549 State v. Kolp

This is because the officer who conducted the pat-down search of defendant had considerable experience in the execution of search warrants and he knew that persons involved in drugs often carried weapons. “In this context, however, we do not distinguish ...

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01-1837-CR State v. Arneson

The State of Wisconsin appeals from an order granting Brandy Arneson’s motion to suppress evidence discovered after she consented to a search of her car. The issue is whether Arneson gave her consent voluntarily. Although we agree with Arneson that ...

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01-1773-CR State v. Lenox

Roger Lenox challenges the sentence he received on his conviction for second-degree sexual assault of a child. Following his guilty plea, the court sentenced Lenox to 20 years’ confinement and 10 years’ extended supervision. Lenox contends that the sentencing court ...

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