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Case Digests

00-1208 Roberts v. Wolf, et al.

Tecwyn Roberts, Sara H. Roberts and Elizabeth M. Halkerston (collectively, the Robertses) sued John J. Wolf and Linda Wolf alleging intentional trespass to land, injury to real property, unlawful cutting of timber and interference with or declaration of interest in ...

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00-2944 U.S. v. Schaffner

“The photograph at issue in this case actually traveled across state lines. As in Bell, where the movement of a weapon across state lines satisfied the commerce element of the statute, the interstate movement of the photograph provides a sufficient ...

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00-1513 U.S. v. Green

“In United States v. West, 670 F.2d 675, 687 (7th Cir. 1982), we interpreted Rule 801(d) (1)(B)’s requirement of cross-examination to mean that the out-of-court statement must be elicited through the declarant, and not through a third party to whom ...

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01-2591 Dahler v. U.S.

“This distinction between challenges to events that are novel to the resentencing (and will be treated as initial collateral attacks) and events that predated the resentencing (and will be treated as successive collateral attacks) has been adopted by every other ...

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00-2650-CR State v. Novak

Timothy Novak appeals a set of judgments convicting him of one count of being party to the crime of arson, two counts of insurance fraud, and one count of false swearing, and also appeals an order denying his motion for ...

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00-3537 U.S. v. Williams

“Application Note 2 to sec. 3A1.1 (b)(1) … defines ‘vulnerable victim’ for purposes of the guidelines as a person (A) who is a victim of the offense of conviction and any conduct for which the defendant is accountable under sec. ...

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00-2800-CR State v. Gipson

The State appeals from a pretrial order suppressing the statements given to a police officer in a postpolygraph interview. The trial court ruled that the statements given by Anthony L. Gipson in the interview were so closely related to the ...

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00-3174 State v. Quinn

Eddie Lee Quinn appeals from an order denying his motion for an evidentiary hearing to establish that he is entitled to postconviction relief. Although Quinn concedes that he failed to raise on appeal the issues he is currently asserting, as ...

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01-0206-CR State v. Polk

Johnny D. Polk appeals from a judgment entered on no contest pleas to two counts of battery as a habitual criminal. Polk also appeals from an order denying his postconviction motion. Polk claims: (1) he received ineffective assistance of counsel ...

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00-2699 Rural Mutual Insurance Co. v. Welsh

“Rural argues that specific provisions of an insurance contract control over general provisions, a proposition with which, as a general rule of construction, we have no quarrel. However, we cannot agree that, absent an exclusionary reference over to the supplemental ...

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01-0489-CR State v. Dahl

Thomas Dahl appeals from a judgment of conviction and from an order denying his motion to suppress evidence. Dahl contends that Wis. Stat. sec. 343.305, Wisconsin’s Implied Consent Law, is unconstitutional under the Fourth Amendment to the United States Constitution, ...

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01-0183-CR State v. Wakershauser

Neil Wakershauser appeals a judgment of conviction and sentence for operating a motor vehicle while intoxicated (OWI) as a fourth offense. On appeal, he originally challenged the validity of both his second and third prior convictions, claiming that he did ...

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00-1947 Stephenson v. Universal Metrics, et al.

Accordingly, we reverse the trial court’s grant of summary judgment dismissing the claims against the company in connection with Kreuser’s failure to drive the employee home. However, we affirm the dismissal of plaintiff’s claims against the company based on respondeat ...

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01-0060-CR State v. Kozlowski

Timothy T. Kozlowski appeals from a judgment of conviction entered after a jury found him guilty of operating a motor vehicle while under the influence of an intoxicant or other drug, as a third offense. Kozlowski claims that the trial ...

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00-2851 State v. Jackowski

Accordingly, the police officers’ subsequent discovery and seizure of illegal firearms was not “fruit of the poisonous tree,” and there was no Fourth Amendment violation. “In summary, we conclude that the issuance of the special inspection warrant authorizing a city ...

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00-2361-CR State v. Reinhardt

Steven J. Reinhardt appeals from a judgment convicting him of one count of theft by contractor, and three counts of unfair home improvement trade practices. Reinhardt also appeals from the order denying his postconviction motions for plea withdrawal and sentence ...

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00-2919 Kerry Inc. v. Econo Equipment Inc.

Econo Equipment, Inc. appeals the portion of the circuit court’s order refusing to award attorney’s fees incurred in defending against Kerry, Inc.’s claims. Econo argues that a contract provision allowing it to recover attorney’s fees incurred “in the enforcement and ...

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99-2948-CR State v. Tate

Gary Tate appeals from a judgment of conviction of repeated sexual assault of the same child, and from an order denying his motion for postconviction relief. In addition to challenging the constitutionality of sec. 948.025 as applied, Tate argues that ...

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00-3197-CR State v. Cantwell

Brian W. Cantwell appeals from a judgment convicting him of theft, and from an order denying postconviction relief. His original judgment of conviction contained a sentencing provision the trial court subsequently clarified. The issue is whether the clarification actually increased ...

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00-3827 Johnson v. Nordstrom Inc., et al.

“Johnson takes issue with the district court’s reliance on her alleged interview answer stating that sales would be the primary aspect of the beauty director’s job. Johnson claims that ‘even if she did [give that answer], that was not necessarily ...

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01-0546-CR State v. Miller

Douglas J. Miller appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (OWPAC). Miller challenges the denial of his motion to suppress the results of a chemical test of his blood. Specifically, Miller ...

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