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Case Digests

01-1073-CR State v. Doxtator

Terry Doxtator appeals a judgment convicting him of having sexual contact with his girlfriend’s 11-year-old babysitter, J.C. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. Doxtator argues that his trial ...

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01-1726-CR State v. Williams

Heidi L. Williams was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as second offenses. She moved to suppress the results of a blood-alcohol test administered after her arrest, ...

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01-2497 Mason v. Sybinski, et al.

“In this case, the district court held, and we agree, that a representative payee’s decision to apply benefits to the recipient’s cost of care in a state institution does not amount to other legal process – even when the payee ...

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01-2528-CR State v. Thayer

Yvette Thayer appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense. Thayer argues that the blood test results should have been suppressed because the Informing the Accused form was ...

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01-1368 U.S. v. Anderson

“[W]hile we agree with Anderson that the indictment in the instant case is flawed, we do not find it is so deficient that it must now be set aside. Section 2252A(a)(5)(b) states that any person who ‘knowingly possesses . . ...

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01-1841 Jensen v. School District of Rhinelander

“We have reviewed the evaluation. It exclusively concerns the board’s view of the manner in which Jensen performed his responsibilities as superintendent. While Jensen’s reputation may be damaged by disclosing the evaluation, as the trial court aptly observed, media reports ...

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01-0220-CR State v. Lawrence

Richard Lawrence appeals from an order denying his postconviction motion to withdraw his guilty plea. Lawrence pleaded guilty to operating a motor vehicle while intoxicated, his seventh conviction of this offense. Lawrence argues that his plea was not knowingly, intelligently, ...

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01-3215 In the Matter of Grand Jury Proceedings

“[T]he district court found that the ‘records did exist’ and that Rinaldi was not ‘going to furnish the records voluntarily, because [Rinaldi] d[id]n’t think the Government ha[d] a right to them.’ Therefore, the district court wanted to coerce Rinaldi into ...

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01-2764 State v. McKinnie

The two crimes, for carjacking and operating an automobile without the owner’s consent, were committed a day apart in different counties and constituted separate and distinct crimes. Accordingly, the crimes were properly charged separately and did not implicate Double Jeopardy ...

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01-0422-CR State v. Earley

Duane A. Earley has appealed from a judgment convicting him of causing great bodily injury by the operation of a motor vehicle while under the influence of an intoxicant. He has also appealed from an order denying his motion to ...

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00-2607 U.S. v. Wallace

“Wallace first argues that the district court ‘lacked subject matter jurisdiction’ once the Supreme Court of Illinois vacated his felony conviction. As the government appropriately notes, Wallace’s argument is not really one of subject matter jurisdiction, see United States v. ...

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01-1368 Armbruster v. Fitzgerald

Douglas Fitzgerald appeals from a default judgment in favor of Robert and Patricia Armbruster. Fitzgerald challenges the default judgment and the damages award on numerous grounds. We conclude that the circuit court did not erroneously exercise its discretion by granting ...

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01-0370 State ex rel. Knowlin v. Schwarz

Lee A. Knowlin has appealed pro se from an order dismissing his petition for a writ of certiorari challenging his probation revocation. We affirm the order. This opinion will not be published. Dist II, Racine County, Barry, J., Per Curiam ...

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01-1391 U.S. v. Curtis

“Curtis, the government, the court, and the jury knew of the tape and knew that it was completely blank during the trial. Moreover, even had it been newly discovered, it would not have been material to his defense. Curtis claims ...

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01-1550 Campbell v. Smith, et al.

Gary Campbell, a prison inmate, appeals from an order dismissing his action against Jerry Smith Jr., and Fred Melendez, two members of the Wisconsin Parole Commission. His complaint sought damages in tort for the respondents’ alleged violation of his due ...

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01-0871 Richards v. Gamble

Harlan Richards appeals pro se from a circuit court order dismissing his claims against Jane Gamble, the warden of Kettle Moraine Correctional Institution (KMCI). Richards alleges that Gamble violated rules of the Department of Corrections when the prison refused to ...

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01-2323-CR State v. Holman

Dan E. Holman appeals from a judgment entered after a jury found him guilty of bail jumping. He claims that the bail condition imposed violated his constitutional right to free speech. Because the bail condition imposed a reasonable and necessary ...

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01-1802 U.S. v. Rietzke

“Rietzke argues that he should have been punished under the misdemeanor provision, rather than the felony provision, because Congress intended that firearms dealers be punished more leniently than non-dealers who also violate the statute and thus limited prosecutorial discretion by ...

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