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Case Digests

00-3013-CR State v. Martin

Richard Martin pled guilty to operating while under the influence of an intoxicant, second offense, contrary to Wis. Stat. sec. 346.63(1)(a). He appeals his conviction, contending that the trial court erred when it denied his motion to suppress evidence. Martin ...

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01-2441Garza v. Lappin

“Nothing in the OAS Charter suggests an intention that member states will be bound by the Commission’s decisions before the American Convention goes into effect. To the contrary, the OAS Charter’s reference to the Convention shows that the signatories to ...

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00-1846 State v. Multaler

“The affidavit establishes that serial killers are uniquely likely to have a strong psychological compulsion to keep evidence of their crimes, even when they know they are under investigation. In fact, the affidavit establishes that serial killers may unreasonably flirt ...

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00-3180-CR State v. Roesing

Victoria D. Roesing appeals from a judgment of conviction after a jury found her guilty of operating a motor vehicle while under the influence of an intoxicant or other drug contrary to Wis. Stat. sec. 346.63(1)(a) (1999-2000). Roesing claims that ...

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00-2605 State v. Ramirez

“This history reveals that Wis. Stat. sec. 943.201(2) was targeted at much more than the isolated act of misappropriating the personal identifying information of another or the initial receipt by the defendant of a thing of value as a result ...

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00-3558-CR State v. Burks

Susan Burks appeals her judgment of conviction for operating while under the influence of an intoxicant, third offense, contrary to Wis. Stat. sec. 346.63(1)(a). Burks argues that the circuit court erred by denying her motion to suppress the results of ...

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00-1101 & 00-1505Higbee v. Sentry Insurance Co.

“Here, although the release discussed at the conference purported to waive all of Higbee’s claims, the parties had not even discussed the worker’s compensation claim. Indeed, Higbee’s own attorney had ‘forgot[ten] all about that’ until a day or two after ...

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00-2519-CR State v. Hendrickson

Improper factors; modification; ineffective assistance Following conviction upon his Alford1 plea to one count of first-degree sexual assault, Richard Hendrickson moved for permission to withdraw his plea and for sentence modification. Hendrickson appeals the order denying his motion. He argues ...

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00-4029Firstar Bank, N.A. v. Faul

“‘[L]ocated’ should be construed to maintain jurisdictional equality between national banks and state banks or other corporations. In order to maintain this parity, national banks would need potentially to be citizens of two different states, since under 28 U.S.C. sec. ...

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00-2331 Haas v. Stark, et al.

Vance R. Stark appeals from a judgment granting Jon A. Haas a default judgment. Because the circuit court did not misuse its discretion by declining to extend the time for Stark to answer Haas’s complaint and entering a default judgment, ...

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00-3023-CR State v. Daniel R.F.

Joinder and severance; jury instructions Daniel F. appeals a judgment convicting him of first-degree sexual assault of a child and an order denying his motion for postconviction relief. He argues that his conviction should be overturned because (1) the trial ...

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00-3250Dye v. Wargo

“Dye has not cited, and we have not found, any case holding that a mutual release of civil liability is unenforceable under federal law. Federal courts have not embraced the view, see Owen M. Fiss, Against Settlement, 93 Yale L.J. ...

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00-2473 Bammert v. SuperValu Inc.

Karen Bammert appeals a judgment dismissing her action for wrongful discharge, claiming that her termination from employment violates public policy. Bammert alleges that she was fired because her husband, a police officer, participated in her employer’s wife’s arrest for driving ...

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00-0310-CR State v. Morris

Speedy trial; presumptively prejudicial delay Pharoah Morris appeals a conviction for armed robbery. He contends that he did not receive a speedy trial, in violation of the Wisconsin and United States Constitutions. We disagree, and therefore affirm. This opinion will ...

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00-2908Heard v. Sheahan

“The district court … thought the date of accrual was when the plaintiff discovered he had a medical problem that required attention. This would be correct if the suit were for medical malpractice. … But it is not; malpractice does ...

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00-1617 Volden v. OKK Corporation, et al.

Thomas and Barbara Volden appeal from a judgment dismissing their complaint against OKK Corporation and OKK U.S.A. Corporation (collectively, OKK). They challenge each of the trial court’s rulings on motions after verdict, particularly as those rulings rest on the trial ...

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00-2271Wynn v. Southward

“Wynn alleges that he has been unable to chew his food without his dentures, significantly impeding his ability to eat, and that he has suffered bleeding, headaches, and ‘disfigurement.’ These allegations are sufficient to demonstrate that Wynn has a serious ...

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00-3306Guerrero v. Ashcroft

“Guerrero next offers statistical studies conducted by an expert, Dr. LaLonde, tending to show that Hispanic and Black agents are promoted far less frequently than other agents. We have found statistical evidence to be admissible and helpful in disparate treatment ...

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