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Case Digests

01-1374-CR State v. Norfleet

The State appeals a judgment of acquittal that dismisses, with prejudice, the case against Marc Norfleet. The State argues that the trial court erred when it failed to comply with the State’s request to hold an in camera inspection under ...

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00-3335 New Hope Services, Inc. v. U.S.

“Because appeals are from that preliminary determination, and New Hope never received one, it had no basis in the regulation for requesting an appeals conference. Furthermore, the notification of its appeals rights set forth in IRS Publication 5 is sent ...

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01-1121-CR State v. Newton

Joseph Newton appeals a judgment convicting him of second-degree reckless endangerment and fleeing an officer, both as a habitual criminal. Newton also appeals the denial of his postconviction motions. Newton argues that his trial counsel was ineffective for failing to ...

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98-1803 Fischer v. U.S.

“Although Supreme Court case law issued during the pendency of an appeal may provide inmates and their counsel with a powerful new ground for relief that they may wish they had presented to the district court, an appellate court is ...

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01-2812-CR State v. Lee

Thomas A. Lee appeals from a judgment entered on a jury verdict convicting him of battery. He claims that the trial court erroneously exercised its discretion in admitting under the excited-utterance exception to the rule against hearsay the victim’s out-of-court ...

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00-1408 U.S. v. Warda

“[I]t was Warda who asked the district court to vacate his original sentence pursuant to section 2255. He sought that relief on the premise that he had been induced to accept the 1996 addendum to his plea agreement by his ...

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01-2476-CR State v. McConnell

Gerald C. McConnell appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI). McConnell argues that the State’s simultaneous prosecution of him for both OWI and operating a motor vehicle with a prohibited alcohol concentration (PAC), ...

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01-2422 U.S. v. Yang

“It is the enforcement of the customs laws combined with the mandate of protecting the borders of the United States that permits the extension of the search rights of border authorities to allow non-routine searches in areas near our nation’s ...

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01-1760-CR State v. Culver

Kurt G. Culver appeals from a judgment of conviction for possession with intent to deliver marijuana (500 grams or less) and an order denying his motion for postconviction relief. Culver argues that he received ineffective assistance of counsel when his ...

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01-2233-CR State v. Cosby

Jade Lamont Cosby, pro se, appeals from a judgment of conviction, entered after his probation was revoked, for the delivery of a controlled substance-cocaine. He also appeals from an order denying his postconviction motion for resentencing. Cosby claims that: (1) ...

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01-1844 State v. Sicard

Jason M. Sicard has appealed from an order denying a postconviction motion filed by him and from an order denying his motion for reconsideration. We affirm the orders. This opinion will not be published. Dist II, Winnebago County, Schmidt, J., ...

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01-1873 State v. Polak

“We place particular emphasis on the written waiver of counsel form, used in conjunction with the oral colloquy, because that form unequivocally states Polak’s awareness of the assistance an attorney could provide and that an attorney might discover helpful things ...

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01-2430 Chestnut, et al. v. Hall, et al.

“The appellants also assert that they twice argued the substantive problems they had with the law ultimately set forth in Final Instruction 23 during the presentation of evidence. The assertion that these evidentiary arguments serve as or excuse a formal ...

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01-2148 State v. Morgan

“We conclude that Morgan was in custody when he was questioned by Officer Whyte, and therefore Miranda warnings were required to safeguard his privilege against self-incrimination. Because Morgan did not receive Miranda warnings prior to responding to Officer Whyte’s question, ...

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01-1559 Higgs v. Carver

“[W]e cannot determine from the record whether Higgs was placed in lockdown segregation for preventive purposes or as punishment. The statement of the jail authorities that we quoted is the only evidence, apart from the unexplained length of his detention; ...

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01-2387-FT Ruperd v. Ruperd

Sharon L. Ruperd appeals from that portion of the judgment of divorce which divided the parties’ property. She argues that the court improperly determined the value of the parties’ house as of the time they separated, and that the court ...

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01-2242 Butera v. Cottey

“Butera did not even disclose in general terms that he was afraid of being assaulted. In fact, prior to summary judgment, Butera conceded that ‘prior to the assault on January 6, 1997, [he] did not report to Jack Cottey (“Cottey”) ...

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01-0492 Schaefer v. Ulinski, et al.

Ronald A. Schaefer appeals from a judgment dismissing his action against Mark T. Ulinski and Schaefer Motor Sales, Inc., alleging illegal, oppressive and fraudulent corporate acts and the misapplication of corporate opportunities and assets. This case was tried to the ...

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01-2846 City of Appleton v. Tyrrell

Lamar Tyrrell appeals from an order concluding that he had no basis to refuse to submit to chemical testing of his blood alcohol content after being arrested for operating a motor vehicle while under the influence of an intoxicant. Prior ...

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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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