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Case Digests

01-0347-CR State v. Delgado

Carlos R. Delgado appeals from a judgment entered after a jury found him guilty of two counts of first-degree sexual assault of a child. He also appeals from an order denying his postconviction motion. Delgado argues that his conviction should ...

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01-2611 Piggie v. McBride

“Because the district court applied that presumption in vacating its judgment and denying habeas relief in this case, we remand the case to the district court to determine (1) whether the surveillance tape has been erased by prison officials, and ...

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01-1679 State v. Gordon

“The trial court did not recite the jury instruction on first-degree recklessly endangering safety. Rather, it simply responded to the jury’s specific and logical inquiry by explaining that the crime of first-degree recklessly endangering safety involves an additional element – ...

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01-2153-CR State v. Borum

Torrence C. Borum, pro se, appeals from a judgment entered after he pled guilty to one count of battery. He claims the trial court erred when it denied his motion seeking to withdraw his guilty plea. Because the trial court ...

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01-1720 Eads v. Hanks

“Eads] claims that the proceeding denied him due process of law because (he alleges) a member of the committee is the ‘live-in boyfriend’ of one of the witnesses, a female guard… Oddly, we cannot find an appellate case dealing with ...

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01-0962 State ex rel. West v. Bartow, Warden

Accordingly, we affirm the order transferring venue to Milwaukee County. “The trial court obviously determined that the interests of justice and the convenience of the parties or witnesses necessitated a change of venue to Milwaukee county. The trial court’s failure ...

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01-1984-CR State v. Scharenbroch

The State appeals an order dismissing its complaint against Danita Scharenbroch. The State charged Scharenbroch with violating a court order, as a party to a crime. The trial court dismissed the action because it concluded that violating a sec. 940.47 ...

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00-3400 U.S. v. Colvin

“[W]e believe the ‘deadly or dangerous weapon or device’ language added by the 1988 amendment makes clear Congress’ intent to authorize cumulative punishment of fire-related felonies. The 1988 amendment clarified that ‘any felony’ ‘includ[es] a felony which provides for an ...

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01-1982-CR State v. Marshalek

The State appeals the trial court’s order granting Michael A. Marshalek’s motion to suppress the results of a traffic stop and dismiss the offenses against him. The State argues that based upon the totality of the circumstances, the officer had ...

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00-3111 U.S. v. Childs

“By asking one question about marijuana, officer Chiola did not make the custody of Childs an ‘unreasonable’ seizure. What happened here must occur thousands of times daily across the nation: Officers ask persons stopped for traffic offenses whether they are ...

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01-2283-CR State v. Chapman

Geoffrey Chapman appeals his conviction for operating a vehicle while intoxicated, third offense. He argues that his motion to suppress the evidence of intoxication should have been granted because he was seized without reasonable suspicion. We reject the argument and ...

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00-3196 In Re the Marriage of: Gray v. Gray

Mary Jo Gray appeals an order granting Mark Gray’s motion to reduce his child support obligation, setting his arrearage at $4,000, and denying Mary Jo’s motion to find Mark in contempt. She argues that the trial court incorrectly computed Mark’s ...

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01-0643-CR State v. Larson

Anthony Larson appeals a judgment convicting him of one count each of second-degree sexual assault and burglary, both as a repeater. He also appeals an order denying his motion for postconviction relief. Larson argues that the circuit court erred by ...

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00-1249 Thomas v. Chicago Park Dist.

Freedman is inapposite because, unlike the motion picture censorship scheme in that case, the Park District’s ordinance is not subject-matter censorship but content-neutral time, place, and manner regulation of the use of a public forum. None of the grounds for ...

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01-2206 State v. Molinaro

Richard Molinaro, pro se, appeals an order denying his postconviction motion to modify his sentence. Following his guilty pleas, Molinaro was convicted of attempting to elude an officer as a repeater and sentenced to eight years in prison. He was ...

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99-1823 EEOC v. Waffle House, Inc.

The Fourth Circuit based its decision on its evaluation of the “competing policies” implemented by the ADA and the FAA, rather than on any language in either the statutes or the arbitration agreement between Baker and respondent. If the EEOC ...

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01-1179-CR, 01-1180-CR State v. Felten

Craig A. Felten appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Felten established the existence of a new factor which would warrant modification of ...

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00-1519 United States v. Arvizu

“The Ninth Circuit’s methodology departs sharply from these teachings, and it reached the wrong result in this case. Its evaluation and rejection of certain factors in isolation from each other does not take into account the “totality of the circumstances,” ...

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01-1902-NM, 01-1903-NM, 01-1904-NM, 01-1905-NM In Re the Termination of Parental Rights to: Amanda L.W., Damien L.W., April M.W., Jesse J.V.: Brown County Department of Health & Human Services v. Kimberly A.M., et al.

Kimberly A.M. appeals orders terminating her parental rights to two of her four children. She argues: (1) she was denied due process because the trial court conducted an in camera interview with the two children outside the presence of Kimberly ...

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00-3194 State v. Myers

Michael Myers appeals an order denying his postconviction motion in which he sought relief from a judgment convicting him of sexually assaulting his son and exposing the child to harmful material. He argues that his trial counsel was ineffective for ...

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01-2977, 01-2978, 01-2979, 01-2980 In Re the Termination of Parental Rights to Preston T., Brandon T., Ashton T., Alyssa T.: La Crosse County Department of Human Services v. Peter T.

Peter T. appeals orders terminating his parental rights to four children. He claims the trial court erred in admitting evidence of events which occurred prior to the CHIPS2 dispositional order which formed the basis for the termination proceedings. We conclude ...

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01-1641 Koger v. Town of Seymour

Ernest Koger appeals an order lifting a stay of the raze order issued by the Town of Seymour pursuant to Wis. Stat. sec. 66.05(1m)(a) (1997-98). The circuit court found that grounds existed for the Town’s raze order on an unfinished ...

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99-2980 State v. Shuttlesworth

Although defendant contends that the state violated Wis. Stat. Sec. 972.11(5)(b) by failing to submit probability statistics in support of its DNA evidence against defendant in this kidnapping and sexual assault case, this appeal must be dismissed as improvidently granted ...

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00-2843 Kuski, et al. v. George, et al.

Jeremiah George and Nancy Pienkowski (collectively “the Georges”) appeal a judgment permanently enjoining them from hindering Steve and Tammy Kuski, Fred and Sabina Henckel and Richard and Catherine Peiguss (collectively “the Kuskis”) from their use of an easement. The Georges ...

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