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Case Digests

01-1995-CR State v. Avery

Shawn E. Avery appeals a judgment of conviction for possession of marijuana. Avery pled no contest to the offense after the trial court denied his motion to suppress evidence. Avery challenges this ruling on appeal. Avery argues that (1) the ...

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01-2554 U.S. v. McGee

“The district court found that McGee had left his apartment once the officers began knocking upon his front door. Rather than move towards the door (and avoid forcible entry), McGee exited the apartment and began to ascend the stairs of ...

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01-0877-CR State v. Massey

Airry Massey appeals from a judgment of conviction entered after he pled guilty to one count of felony murder, as a party to a crime. He also appeals from an order denying his postconviction motion for resentencing, or in the ...

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01-1903 U.S. v. Smith

“The informant’s statement in our case bears at least as many indicia of reliability as the informant’s statement in Berthiaume. First, in the present case, Goodlow’s testimony supported the informant’s statement. Next, the informant in our case told Detective Pointer ...

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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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01-1395-CR State v. Greve

State v. Austin, 171 Wis.2d 251, 257-58, 490 N.W.2d 780 (Ct. App. 1992), establishes a bright-line rule that before a case can be returned to the substituted judge, an agreement for the transfer must be signed by the defendant or ...

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00-3764 U.S. v. Senffner

“The purpose of the SEC’s initial proceeding, investigating the securities law violations of Lauer, Senffner, and CCI, was not solely to investigate those violations for the sake of exposing them, but also to identify and recover CHA funds involved in ...

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01-1489 State v. Simmons

In these consolidated cases, Frankie Wardell Simmons, pro se, appeals from the circuit court order denying his petition for a writ of error coram nobis. He argues that the court erred in denying his petition. We affirm. This opinion will ...

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01-2022 U.S. v. Warren

“Whether Mr. Warren touched the teller’s back with the gun or whether he simply came close to touching her is not an important distinction for purposes of determining the applicability of the enhancement. Although something more than a general display ...

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00-3764 U.S. v. Senffner (56576)

“The purpose of the SEC’s initial proceeding, investigating the securities law violations of Lauer, Senffner, and CCI, was not solely to investigate those violations for the sake of exposing them, but also to identify and recover CHA funds involved in ...

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00-0043 Bruzas v. Quezada-Garcia

“We conclude that Underwriters’ Plan Administrator’s determination that Underwriters was entitled to subrogation from American Family for expenses paid on behalf of the Bruzas family was not unreasonable and, therefore, we are bound by it.” Judgment affirmed. Recommended for publication ...

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01-2395-CR State v. Pigman

Boyd Pigman appeals from a judgment convicting him after a bench trial for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense. He contends that the Informing the Accused form read to him after he ...

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01-1428-CR State v. Clairmore

Larry Clairmore appeals from a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant, (OWI), second offense, and an order denying his motion to suppress. Clairmore contends that the arresting officer lacked both reasonable ...

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01-0263 State v. Meeks

“The court’s consideration of the lay testimony was particularly appropriate in this case where, as appellate counsel concedes, Meeks ‘can relate facts regarding his crime and can even answer questions about the historical facts,’ but where, appellate counsel asserts, Meeks ...

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01-1623 B&W Properties v. Omeziri, et al.

Arthur Browne appeals from a judgment granting a Writ of Restitution evicting him from apartment #1 located at 2705 West Courtland Avenue, Milwaukee, Wisconsin. Browne claims the trial court erred by issuing the writ even though the landlord failed to ...

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01-0612 State v. Edwards

“We also recognize, however, that there is a significant liberty interest at risk with respect to repeater sentence enhancements and that it is important that enhanced penalties be based on prior convictions that actually exist….. We therefore limit our holding ...

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01-1207-CR State v. Miller

Jon Miller appeals a judgment convicting him of possession of cocaine and possession of a firearm by a felon, both as a repeat offender. He argues that the trial court should have suppressed the evidence seized at his home pursuant ...

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