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Case Digests

00-2889 Spangberg v. Talis, et al.

Chris Spangberg appeals a summary judgment dismissing his legal malpractice action against attorney John Talis, his insurer and his law firm. Spangberg’s complaint alleged that Talis negligently allowed the statute of limitations to expire on two claims Spangberg wanted to ...

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00-1191 Beslic v. INS

“In an attempt to show that he has raised a substantial constitutional claim, Beslic argues that the language of 8 U.S.C. sec. 1182, which provides that aliens are inadmissible if they are attempting to enter the United States to ‘evade ...

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00-3053 State v. Crockett

We further conclude that defendant’s request for resentencing because his sentence was unduly harsh has already been adjudicated and there are no new factors which would justify modifying defendant’s sentence. “Although there may be situations… in which it is appropriate ...

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00-2870-CR State v. Lisney

Douglas Lisney appeals from a judgment convicting him of disorderly conduct while using a dangerous weapon, and from a subsequent order denying his motion for postconviction relief. Lisney argues that he is entitled to a new trial because he was ...

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00-2411 Jutzi-Johnson v. U.S.

“[W]e should consider whether there was any causal relation between that negligence and the suicide. We think not. Johnson did not commit suicide because he had sores on his body. As nearly as can be reconstructed from the evidence, he ...

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00-3440 State v. Matthews

“In Lac Courte Oreilles Band v. Voigt, 700 F.2d 341 (7th Cir. 1983) (LCO I), the court of appeals recognized that the Chippewa have usufructuary rights and remanded the case to the district court for determination of several issues, including ...

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00-2370-CR State v. Bodoh

Kelly J. Bodoh appeals from a judgment of conviction of party to the crime of first-degree intentional homicide and from an order denying his motion for postconviction relief. He argues that trial counsel was constitutionally deficient by not investigating additional ...

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00-3710 U.S. v. Viezca

“We agree with Viezca that there are similarities between this case and Duff. Portions of Count one of the indictment in this case were worded much like the indictment in Duff, as it charged Viezca, Mendoza, and Guerrero with having ...

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00-3183 State v. Garrett

“While Detective Kaltenbrun was undercover, unlike the uniformed officers in Hughes, here the totality of the circumstances led him to believe that Garrett was involved in the destruction of the bag of cocaine. Evidence that: (1) only minutes before, two ...

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00-2292-CR State v. Fowler

Kenneth Fowler appeals, following his Alford pleas, from a judgment convicting him of burglary and kidnapping. He also appeals from the circuit court order denying his motion for postconviction relief. He argues that the trial court erred in denying his ...

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00-3963 U.S. v. Centracchio, et al.

“[W]e find that Sapoznik’s redacted plea allocution contains the particularized guarantees of trustworthiness that justify its admissibility under the Confrontation Clause. … [T]he mere fact that Sapoznik may have pleaded guilty to get a ‘good deal’ does not mean he ...

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00-2618-CR State v. Raniewicz

Jeffrey Raniewicz appeals from a judgment entered after a jury convicted him of one count of possession of a controlled substance (cocaine), with intent to deliver, while possessing a dangerous weapon, and one count of felon in possession of a ...

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00-3073 U.S. v. Alanis

“[T]he prosecutor’s comments were directed towards reinforcing that the government’s case was undisputed in material respects. … While the prosecutor’s comments would have been improper if Alanis was the only person who could have contradicted, denied, rebutted, or disputed the ...

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00-2630 Pulver, et al. v. Jennings, et al.

Melvin Pulver appeals the judgment entered upon a jury verdict awarding him $9,153 damages plus costs and interest for injuries he sustained in a three-car automobile accident. Pulver contends he is entitled to a new trial because: (1) the jury’s ...

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00-3373-CR State v. Booth

Kevin Booth, pro se, appeals his judgment of conviction for attempted second-degree sexual assault with a person who the defendant knows is unconscious and an order denying postconviction relief. Booth argues that: (1) he was denied his Sixth Amendment right ...

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01-0505 State v. Collette

Andrew B. Collette appeals pro se from a judgment of conviction and an order denying postconviction relief. In his pro se postconviction motion, Collette contended that his postconviction counsel was ineffective, that the sentencing violated his double jeopardy protection and ...

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01-2989 Henderson v. U.S.

“Henderson’s first motion was not a section 2255 motion as such; it is deemed a section 2255 motion as a result of the rule adopted in Evans and other cases… Nothing in AEDPA says that a motion not labeled as ...

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00-2734-CR State v. Bryant

Sirvictor Bryant appeals from a judgment convicting him of possessing cocaine with intent to deliver it and three misdemeanors. The issues are whether the trial court erred by allowing the State to present certain testimony at his trial and by ...

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00-2091 Whitehead v. Cowan

“Whitehead argues that his right to a fair and impartial jury was violated because a local newspaper published the names and addresses of the jurors. Indeed, the Supreme Court has found that publication of juror names and addresses can contribute ...

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