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Case Digests

00-2657-CR State v. Green

Knova K. Green appeals from the judgment of conviction entered following his guilty plea to one count of possession of cocaine with intent to deliver, and the order denying his postconviction motion seeking to withdraw his guilty plea. On appeal, ...

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00-2852 State v. Casteel

“On five previous occasions, Casteel’s appeals have been dismissed based on Wis. Stat. sec. 974.06(4) and Escalona-Naranjo. This case is dismissed on the same basis. Because we conclude that Casteel knows or should know that this, his eighth postconviction order ...

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01-0614 Baumstein v. Myklebust

Paal Myklebust appeals from a money judgment of $50,115 in favor of Thea Baumstein. Myklebust contends he is not a proper party to the action because he is a member of a limited liability company. Alternatively, he asserts that Baumstein ...

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01-0105-CR State v. Marcus

Christopher Marcus appeals an order denying his motion to modify a five-year sentence imposed for escape. He argues that the sentencing court improperly exercised its discretion when it imposed the maximum sentence and that the sentence is so excessive and ...

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00-1825 Hertzberg v. SRAM Corp.

“The requirement that a plaintiff establish a discriminatory discharge in order to receive lost pay precludes such a recovery for Ms. Hertzberg in the present case. We agree with the district court that Ms. Hertzberg’s lawyers, ‘in the nature of ...

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00-3419 State v. Wodenjak

“We appreciate the factual distinctions between this case on the one hand and [State v.] Bohling [173 Wis.2d 529 (1993)] and [State v.] Thorstad [2000 WI App 199 (2000)] on the other. But we nonetheless conclude that the holdings of ...

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00-2646-CR State v. Kuik

Harold Kuik appeals a judgment convicting him of four counts of delivering a controlled substance and one count of possession with intent to deliver. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of ...

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00-3116-CR State v. Burgess

Bernard Burgess appeals from the judgment of conviction entered after he pled no contest to one count of delivery of a controlled substance – cocaine, and the trial court sentenced him to eight years’ imprisonment and ordered him to pay ...

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00-3174 State v. Quinn

Eddie Lee Quinn appeals from an order denying his motion for an evidentiary hearing to establish that he is entitled to postconviction relief. Although Quinn concedes that he failed to raise on appeal the issues he is currently asserting, as ...

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01-0206-CR State v. Polk

Johnny D. Polk appeals from a judgment entered on no contest pleas to two counts of battery as a habitual criminal. Polk also appeals from an order denying his postconviction motion. Polk claims: (1) he received ineffective assistance of counsel ...

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00-2699 Rural Mutual Insurance Co. v. Welsh

“Rural argues that specific provisions of an insurance contract control over general provisions, a proposition with which, as a general rule of construction, we have no quarrel. However, we cannot agree that, absent an exclusionary reference over to the supplemental ...

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01-0489-CR State v. Dahl

Thomas Dahl appeals from a judgment of conviction and from an order denying his motion to suppress evidence. Dahl contends that Wis. Stat. sec. 343.305, Wisconsin’s Implied Consent Law, is unconstitutional under the Fourth Amendment to the United States Constitution, ...

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01-0183-CR State v. Wakershauser

Neil Wakershauser appeals a judgment of conviction and sentence for operating a motor vehicle while intoxicated (OWI) as a fourth offense. On appeal, he originally challenged the validity of both his second and third prior convictions, claiming that he did ...

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00-1947 Stephenson v. Universal Metrics, et al.

Accordingly, we reverse the trial court’s grant of summary judgment dismissing the claims against the company in connection with Kreuser’s failure to drive the employee home. However, we affirm the dismissal of plaintiff’s claims against the company based on respondeat ...

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01-0060-CR State v. Kozlowski

Timothy T. Kozlowski appeals from a judgment of conviction entered after a jury found him guilty of operating a motor vehicle while under the influence of an intoxicant or other drug, as a third offense. Kozlowski claims that the trial ...

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00-2851 State v. Jackowski

Accordingly, the police officers’ subsequent discovery and seizure of illegal firearms was not “fruit of the poisonous tree,” and there was no Fourth Amendment violation. “In summary, we conclude that the issuance of the special inspection warrant authorizing a city ...

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00-2361-CR State v. Reinhardt

Steven J. Reinhardt appeals from a judgment convicting him of one count of theft by contractor, and three counts of unfair home improvement trade practices. Reinhardt also appeals from the order denying his postconviction motions for plea withdrawal and sentence ...

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00-2919 Kerry Inc. v. Econo Equipment Inc.

Econo Equipment, Inc. appeals the portion of the circuit court’s order refusing to award attorney’s fees incurred in defending against Kerry, Inc.’s claims. Econo argues that a contract provision allowing it to recover attorney’s fees incurred “in the enforcement and ...

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99-2948-CR State v. Tate

Gary Tate appeals from a judgment of conviction of repeated sexual assault of the same child, and from an order denying his motion for postconviction relief. In addition to challenging the constitutionality of sec. 948.025 as applied, Tate argues that ...

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00-3197-CR State v. Cantwell

Brian W. Cantwell appeals from a judgment convicting him of theft, and from an order denying postconviction relief. His original judgment of conviction contained a sentencing provision the trial court subsequently clarified. The issue is whether the clarification actually increased ...

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00-4169 Pugh v. City of Attica

“Pugh fails to show that the City’s proffered reason for his discharge is unworthy of credence. It is insufficient for Mr. Pugh simply to assert that he did not misappropriate funds and that the City’s belief was mistaken without offering ...

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01-0287-FT In Re the Marriage of: Camden v. Camden

Jerry Alan and Virginia Camden were divorced after 19 years of marriage. On appeal, Virginia challenges the property division and maintenance award. We affirm the trial court’s property division, but reverse the maintenance award and remand for further proceedings consistent ...

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00-2813 Winfrey v. City of Chicago

“Winfrey also indicated a desire to occupy the position of dispatcher, and – because he was never given a chance to explore this position – he claims the City failed to engage in good faith in an interactive process designed ...

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00-1310 In Re the Marriage of: Glunz v. Sokol

Laura A. Sokol appeals from the judgment of divorce entered following divorce proceedings between her and Michael J. Glunz. Sokol challenges two property division rulings of the trial court. First, she claims that the trial court erroneously exercised its discretion ...

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