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Case Digests

00-795 Ashcroft v. Free Speech Coalition

The contention that the CPPA is necessary because pedophiles may use virtual child pornography to seduce children runs afoul of the principle that speech within the rights of adults to hear may not be silenced completely in an attempt to ...

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00-1831 U.S. v. Craft

The rights Michigan law granted respondent’s husband qualify as “property” or “rights to property” under sec. 6321. The broad statutory language authorizing the tax lien reveals that Congress meant to reach every property interest that a taxpayer might have. United ...

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00-3209-CR State v. Price

Albert J. Price, Jr., appeals from a judgment convicting him as a habitual offender of two counts of endangering safety, one count of attempted first-degree intentional homicide, five counts of attempted first-degree intentional homicide while armed, and four counts of ...

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01-1918 Schwigel v. Kohlmann

“[I]f the judge’s jury instruction had cautioned the jury to make sure that it was not awarding duplicate damages on the multiple claims when considering the single damage question, perhaps we could salvage the verdict. “But the instruction refers to ...

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01-2236-CR State v. Arberry

Julius L. Arberry appeals from a judgment entered after a jury found him guilty of possession of a firearm by a felon (second or subsequent offense), and carrying a concealed weapon. He also appeals from an order denying his postconviction ...

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01-1418 State v. Purdy

William Purdy appeals from a conviction for speeding 69 miles per hour in a 55-mile-per-hour zone. He contends that he was improperly denied a jury trial, that he was denied a fair trial as evidenced by the trial court’s rulings ...

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01-3362-CR State v. Groesbeck

The State appeals an order granting Greg Groesbeck’s motion to suppress evidence. B ecause Appleton police officer Lawrence Potter had reasonable suspicion to stop Groesbeck and conduct a further investigation, this court reverses the order. This opinion will not be ...

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01-2956-CR State v. Olson

Steven Olson appeals from an order denying his motion to suppress evidence. Olson was convicted of manufacturing methamphetamine. Olson argues that a search warrant was defective because: (1) the search warrant affidavit omitted material facts that would not have supported ...

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01-2503 State v. Lasky

“The state element requires merely that the defendant used or threatened to use a dangerous weapon. At the federal level, the prosecution is required to prove that the victim was assaulted or that the victim’s life was in jeopardy. See ...

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01-2225-CR State v. Rogers

Fredrick Rogers appeals the judgment of conviction for second-degree sexual assault of a person who has not attained the age of 16 years, and the order denying his motion for sentence modification on two grounds: (1) that a “new factor” ...

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01-0230 State v. Sveum

“Because Sveum’s conviction for violating an injunction issued under Wis. Stat. § 813.125(4) is a criminal conviction, we further conclude that the circuit court properly sentenced him as a repeater. … “[And], because the crime of violating an injunction issued ...

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01-2238-CR State v. Simpson

Willie C. Simpson appeals from a judgment of conviction entered after a bench trial where he was found guilty of two counts of first-degree sexual assault of a child. He also appeals from a postconviction order. Simpson raises two claims ...

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01-1295 State v. Brockett

“While Wis. Stat. § 974.05 sets forth those rulings from which the State may appeal, there is nothing in the language of the statute prohibiting the trial court from hearing a motion to reconsider. As the State correctly points out, ...

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01-0542 State v. Grindemann

“We nonetheless conclude, pursuant to our authority under Wis. Stat. § 752.02, that a circuit court should proceed in a fashion similar to that outlined in Wis. Stat. § 974.06(3) when it receives a motion requesting sentence modification. Under that ...

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01-3394-FT Bouchette v. Spatola

Catherine Spatola appeals a judgment of the circuit court awarding Richard Bouchette the sum of $2,330.67 for unpaid renovations to Spatola’s home. For the following reasons, we affirm. This opinion will not be published. Dist IV, Juneau County, Wolfe, J., ...

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01-3623 Pozo v. McCaughtry, et al.

“To exhaust administrative remedies, a person must follow the rules governing filing and prosecution of a claim. As Artuz v. Bennett, 531 U.S. 4, 9-10 & n.2 (2000), observes, these include time limits. Consider once more the analogy to collateral ...

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01-2139 Schmitz v. Firstar Bank Milwaukee

“We accept Schmitz’s argument that he executed two limited powers of attorney to Georgetown in July and August of 1992 for the immediate purpose of authorizing Georgetown to liquidate certain insurance policies. However, the final sentence of the July 1992 ...

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01-1970 Bruno, et al. v. Milwaukee County, et al.

Twenty-five former Milwaukee County employees appeal a declaratory judgment concluding that they are not entitled to additional pension service credit due to their pre-employment military service under sec. 201.24(2.10) of the Milwaukee County Code. The ordinance applies to “all retirees ...

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