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Case Digests

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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01-1438-NM, 01-1439-NM In Re the Termination of Parental Rights to Maryah Monika M., Dante Jovan M.: Brown County Department of Health and Human Services, et al. v. Antonio M., et al.

Tisa C. appeals orders terminating her parental rights to her two children and orders denying her post-termination motions. Tisa challenges the sufficiency of the evidence supporting the jury’s finding beyond a reasonable doubt of the likelihood of serious emotional or ...

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00-1523, 00-2679 U.S. v. Bhutani

“While the plain language of the FDCA clearly prohibited the failure to establish or maintain records, criminal penalties were not clearly imposed. Nevertheless, we agree with the reasoning found in the former set of cases rather than the latter because ...

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01-1054-CR State v. Arnold

The State appeals an order suppressing incriminating statements that David Arnold made to police. The State argues that (1) Arnold was not in custody when he made the statements, and (2) Arnold’s statements were voluntary because the police used no ...

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01-1733 Ashley v. U.S.

“The district court dismissed Ashley’s petition as untimely without reaching a conclusion about whether Apprendi applies retroactively to collateral attacks. We therefore issue a certificate of appealability, for given Apprendi the underlying constitutional claim must be deemed ‘substantial’ for purposes ...

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00-2874-CR State v. Cucuta

Manuel Cucuta appeals from a judgment entered after a jury convicted him of two counts of first-degree intentional homicide, party to a crime, and one count of use of a dangerous weapon. Cucuta also appeals from the trial court’s order ...

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01-2006 Ruth v. U.S.

“Ruth asserted in his Rule 33 motion that his new evidence of Countryside Fragrances’s legitimate and independent existence supported his claim of innocence. He did not argue that the government violated Brady by failing to disclose this information, nor did ...

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00-2897-CR State v. Spiller

Jerjuan D. Spiller appeals from a judgment of conviction and an order denying postconviction relief after a jury found him guilty of: two counts of kidnapping, two counts of first-degree sexual assault, two counts of armed robbery, and exposing a ...

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00-3288-CR State v. Bintz

David Bintz appeals a judgment of conviction for first-degree murder, party to a crime, and an order denying postconviction relief. Bintz argues that (1) the trial court erred by admitting “sleep talk” evidence; (2) the court erred by refusing to ...

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01-1020-FT City of Stevens Point v. Wirtz

Michael C. Wirtz appeals from a jury verdict finding him guilty under Wis. Stat. sec. 346.63(1)(a) for operating a motor vehicle while under the influence of an intoxicant. Wirtz contends on appeal that the trial court erred in refusing to ...

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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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00-3431-CR State v. Scott

William R. Scott appeals from a judgment of conviction and sentence after he pled guilty to operating a vehicle without the owner’s consent. He also appeals from an order denying his postconviction motion to modify his sentence. Scott claims: (1) ...

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00-2721 Biesterveld v. Roob

Mark Roob appeals from a default judgment in favor of Scott and Cindy Biesterveld. Roob is a professional photographer and photographed the Biestervelds’ wedding. Their complaint alleged that he breached a contract for the pictures, violated various provisions of Wisconsin’s ...

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01-0752-CR State v. Chenal

Craig Chenal was involved in a break-in of an abandoned house owned by the estate of Morris White. The State appeals an order that Chenal owed no restitution as a result of his conviction for misdemeanor theft, party to a ...

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00-3047 Heritage Mutual Insurance Company v. Janda

Richard and Colleen Janda appeal an order granting summary judgment to Heritage Mutual Insurance Company. The order precludes the Jandas from pursuing an uninsured motorist claim under their Heritage policy for personal injuries they sustained while riding their uninsured motorcycle. ...

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01-0736-CR State v. Malkmus

Gary Malkmus appeals from an order denying his motion for postconviction relief. He also appeals from an order denying his motion for sentence credit. We affirm the orders of the trial court. This opinion will not be published. Dist II, ...

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