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Case Digests

01-3700 U.S. v. Polson

“Mr. Polson maintains … that the evidence of the second instance is unreliable because it consists only of multiple layers of uncorroborated hearsay. It is true that the evidence is multiple hearsay; the daughter told the mother who told the ...

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01-2708, 01-2937 U.S. v. Gallo-Vasquez

“[T]he district court made no finding that Gallo-Vasquez would suffer conditions more onerous than those contemplated by the Sentencing Guidelines because of his status as an alien. Indeed, due to the nature of Gallo- Vasquez’s offense and the probability of ...

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01-1433-CR State v. Demars

Lorne T. Demars appeals a judgment convicting him of six counts of burglary as party to a crime, two counts as a repeater, contrary to Wis. Stat. §§ 943.10(1)(a), 939.05 and 939.62. Demars also appeals the denial of his postconviction ...

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00-1770 HUD v. Rucker

Congress’ decision not to impose any qualification in the statute, combined with its use of the term “any” to modify “drug-related criminal activity,” precludes any knowledge requirement. See United States v. Monsanto, 491 U.S. 600, 609. Because “any” has an ...

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01-1072-CR State v. Godschalx

Thomas Godschalx appeals from an August 2000 amended judgment of conviction following resentencing and from an April 2001 order denying his postconviction motion. On appeal, Godschalx challenges the sufficiency of the evidence to convict him of first-degree sexual assault of ...

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Hoffman Plastic Compounds, Inc. v. NLRB

Two years after Sure-Tan, Congress enacted IRCA, a comprehensive scheme that made combating the employment of illegal aliens in the United States central to the policy of immigration law. INS v. National Center for Immigrants’ Rights, Inc., 502 U.S. 183, ...

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01-3304, 01-3305, 01-3306, 01-3307, 01-3308 In re the Termination of Parental Rights to Bonniebel B., Dale B., Little Debra B., Montell E., Davion N.: State v. Deborah E., Michael B.

In these consolidated cases, Deborah E. and Michael B. appeal from the juvenile court order terminating their parental rights. The order terminated: Deborah’s parental rights to Bonnibel B., Dale B., Little Deborah B., Montell E., and Davion N.; Michael’s parental ...

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00-1937 Barnart v. Walton

The Agency’s reading of the term “inability” is reasonable. The statute requires both an “inability” to engage in any substantial gainful activity and an “impairment” providing “reason” for the “inability,” adding that the “impairment” must last or be expected to ...

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01-3881 Village of San Jose v. McWilliams

“Though actual intent [to defraud] is difficult to prove, it may be shown through circumstantial evidence, and the Fifth Circuit adopted a series of factors which, if proven, indicate actual fraud: (1) the lack or inadequacy of consideration; (2) the ...

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00-9285 Mickens v. Taylor

This Court rejects petitioner’s argument that the remand instruction in Wood, directing the trial court to grant a new hearing if it determined that “an actual conflict of interest existed,” id., at 273, established that where the trial judge neglects ...

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01-1934-CR State v. Chu

Dale Chu appeals from judgments entered on jury verdicts convicting him, as a party to a crime, of committing arson of both a building and property with the intent to defraud an insurer, contrary to Wis. Stat. §§ 943.02(1)(b), 943.04 ...

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01-2722, 01-2793 Marshall v. Teske, et al.

“[T]he argument that the defendant police officers had probable cause to arrest Marshall for knowingly resisting or obstructing them is absurd. Because we are required to construe the facts in the light most favorable to Marshall, we assume that the ...

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01-1014 Hamilton v. Hamilton

However, because the new statute of limitations (Wis. Stat. sec. 893.40) took effect on July 1, 1980 and now requires that an action on a judgment be brought within twenty years of the time the judgment “is entered,” and the ...

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01-1061, 01-1062 State v. Cayton

Toni Paul Cayton, an inmate at Supermax Correctional Institution, appeals the trial court’s order denying his petition for writ of error coram nobis. We conclude the court did not err in denying the petition and therefore affirm. This opinion will ...

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01-2972-CR State v. Robertson

Correy Robertson appeals from the judgments, following a jury trial, convicting him of two counts of battery and one count of bail jumping, all as a habitual criminal. Robertson argues that, under Wis. Stat. § 752.35, a new trial is ...

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01-1894 Hojnacki v. Klein-Acosta, et al.

“Consideration of the most important factor, however, confirms that she was not an employee. The DOC did not control the performance of Dr. Hojnacki’s duties. The contract between Addus and the DOC provided that Addus, not the DOC, ‘shall supervise ...

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00-1397 Stephenson v. Universal Metrics, Inc.

“Holding that Kreuser’s actions fit within the definition of procurement keeps with the legislative intent of § 125.035(2). In contrast to subsection (4)(a), where the legislature created a clear and specific prohibition on acts that allow minors access to alcohol, ...

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01-0751 Hicks v. Nunnery

“Even in cases where the causal link between an attorney’s negligence and a client’s erroneous imprisonment is most obvious (such as where the attorney fails to bring a clearly meritorious motion to suppress evidence that establishes guilt, which the state ...

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01-2013-CR State v. Booth

Levi Booth appeals from a judgment of conviction entered after a jury found him guilty of one count of first-degree reckless homicide and two counts of first-degree recklessly endangering safety, all as party to the crimes. He also appeals from ...

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