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Case Digests

00-2933 Sanville v. McCaughtry, et al.

“Plaintiff claims that, once Matt covered his cell openings with toilet paper, the guards were aware of the substantial risk that Matt would commit suicide. She asserts that the guards already knew: 1) that Matt had written a last will ...

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01-0202-FT Eytcheson v. Eytcheson

Randy Eytcheson appeals a judgment declaring Howard Eytcheson’s rights in a boundary dispute and dismissing Randy’s claim for adverse possession. Randy argues that (1) the evidence sufficiently establishes his claim of adverse possession; (2) a fence line establishes his claim; ...

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00-2972-CR State v. Apel

Terry A. Apel appeals judgments of conviction for homicide, attempted homicide, and conspiracy to commit homicide related to the death of Pamela Schultz, his fiancée’s daughter. Apel contends the trial court erred in denying his motions to suppress the evidence ...

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00-3517-CR State v. Lockhart

Walter Lockhart appeals a judgment convicting him of substantial battery, as a repeater. He also appeals the order denying him postconviction relief. The issues are whether the trial court erroneously excluded testimony at his jury trial and whether cumulative error ...

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00-2460-CR State v. Toliver

Stephen Toliver appeals from the judgment of conviction for first-degree intentional homicide, party to a crime, following a jury trial, and from the order denying his motion for postconviction relief. He raises numerous issues. We affirm. Not recommended for publication ...

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00-2494 Rizzo v. Sheahan

“Rizzo’s claim cannot succeed because she has produced no evidence indicating that Mahon’s offensive behavior towards her was based on her sex. To the contrary, Rizzo spent significant time both in her brief and at oral argument documenting the animosity ...

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00-1283-CR State v. Murphy

Antoine Murphy has appealed from a judgment convicting him after a jury trial of attempted first-degree intentional homicide by use of a dangerous weapon. He was also convicted of armed robbery, and possession of marijuana with intent to deliver. Both ...

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99-2618 State of Wisconsin v. EPA, et al.

“[I]n some situations, state ownership of lake beds may restrict a tribe’s authority to regulate the waters running over those beds. In Wisconsin v. Baker, 698 F.2d 1323, 1335 (7th Cir. 1983), we found that, because the state of Wisconsin ...

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01-1214-CR State v. Shelton

Casey J. Shelton appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, fourth offense. He contends the trial court erred in concluding that the officer had probable cause to arrest him. We conclude that ...

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00-1414 Larkin v. Galloway, et al.

“Even if Larkin is correct that his complaint is not the same as a prison condition complaint about poor heating, or unqualified medical staff, for which one could envision effective prospective relief, Perez is no longer the last word on ...

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01-0381-FT State v. Allen

Dillis V. Allen seeks reversal of the trial court’s order granting a blanket protective order barring any discovery before a refusal hearing. We have no choice but to reverse the trial court’s order because there are no facts of record ...

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98-3400, 98-4218, 99-3797 U.S. v. McGiffen

“United States v. Embry, 128 F.3d 584 (7th Cir. 1997), clarified that a formal evidentiary hearing may not always be necessary, but Embry did not disturb Gurtunca’s requirement that a district court make appropriate findings of availability. To the contrary, ...

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00-2396-CR, 00-2397-CR State v. Rones

Sherman B. Rones appeals from judgments entered after he pled guilty to three counts of first-degree sexual assault, while using a dangerous weapon, and seven counts of armed robbery, several while concealing identity. Rones also appeals from an order denying ...

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00-0422-CR State v. Famous

Ronnie Famous has appealed from a judgment convicting him of four counts of first-degree sexual assault of a child, and one count of exposing a child to harmful material. He has also appealed from an order denying a portion of ...

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01-0684-CR State v. Sekula

Joanne Sekula appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), and from an order denying her motion for an evidentiary hearing on whether her trial counsel was ineffective for ...

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00-3176 State v. Hughes

This is so because, “the jury’s unanimous findings (confirmed when the trial court polled the jury) that Hughes possessed cocaine with the intent to deliver it, and that he also possessed that cocaine were not inconsistent. Additionally, Hughes does not ...

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01-0709-CR State v. Smaxwell

Michael A. Smaxwell appeals from a judgment of conviction for operating a motor vehicle while intoxicated, third offense. Smaxwell argues that there was neither consent nor exigent circumstances to justify the warrantless search of his garage prior to his arrest. ...

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00-3538 State v. Norton

“It was not known to the trial court at the time of sentencing in this case that Norton’s probation would be revoked; rather, the trial court was advised by Hubbard that probation was not going to be revoked. Thus, the ...

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00-2237 State ex rel. Eppenger v. Litscher, et al.

Tony Eppenger appeals an order affirming a prison disciplinary decision given him while an inmate at Waupun Correctional Institution. The dispositive issue is whether substantial evidence supports that decision. We conclude that there was insufficient evidence to find Eppenger guilty ...

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