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Case Digests

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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00-4169 Pugh v. City of Attica

“Pugh fails to show that the City’s proffered reason for his discharge is unworthy of credence. It is insufficient for Mr. Pugh simply to assert that he did not misappropriate funds and that the City’s belief was mistaken without offering ...

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01-0287-FT In Re the Marriage of: Camden v. Camden

Jerry Alan and Virginia Camden were divorced after 19 years of marriage. On appeal, Virginia challenges the property division and maintenance award. We affirm the trial court’s property division, but reverse the maintenance award and remand for further proceedings consistent ...

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00-2813 Winfrey v. City of Chicago

“Winfrey also indicated a desire to occupy the position of dispatcher, and – because he was never given a chance to explore this position – he claims the City failed to engage in good faith in an interactive process designed ...

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00-1310 In Re the Marriage of: Glunz v. Sokol

Laura A. Sokol appeals from the judgment of divorce entered following divorce proceedings between her and Michael J. Glunz. Sokol challenges two property division rulings of the trial court. First, she claims that the trial court erroneously exercised its discretion ...

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00-2398 In Re the Marriage of Becvar v. Becvar

In this postdivorce judgment proceeding, Paula Becvar appeals an order denying her motion to move with her children to Minnesota. She claims that the court relied on inappropriate factors and that the children’s father, Charles Becvar, failed to demonstrate that ...

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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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01-1092 U.S. v. Havvard

“Havvard argues that fingerprint comparisons are not reliable because the government admits that the basic premise that all fingerprints are unique remains unproven, and because there are no objective standards for defining how much of a latent fingerprint is necessary ...

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00-2480-CR State v. Kaltenbach

Donald Kaltenbach appeals from a judgment of conviction, following a guilty plea, for first-degree reckless homicide, while armed, and from the circuit court order denying his postconviction motion. He argues that counsel was ineffective and that the court erroneously exercised ...

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00-1215 U.S. v. Kosth

“Although Kosth attacks the sufficiency of the evidence of sham ownership, we are satisfied that there was enough evidence in the record to support the jury’s decision to accept the government’s version of events. There was ample evidence to support ...

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00-2832, 00-2833, 00-2834 State v. Moss

Peter Moss appeals his conviction for possessing fireworks with the intent to unlawfully sell. He also challenges the trial court’s judgment forfeiting his stock of fireworks. Moss contends that the record lacks sufficient evidence for conviction. He also argues that ...

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00-3569 U.S. v. Manjarrez

“[T]he ostrich instruction itself made it clear that a defendant does not act ‘knowingly’ when he acts through ‘ignorance, mistake, or accident,’ or where ‘he was merely negligent in not discovering the truth.’ This alone might well obviate any need ...

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00-0628 State v. Schultz

Joseph Schultz appeals a judgment declaring his bar a nuisance. He also appeals an order of abatement enjoining him from operating the bar. Schultz argues that: (1) he was denied actual notice of the conduct upon which the judgment was ...

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00-2948-CR State v. Headrick

Timothy Headrick appeals a judgment convicting him of armed robbery. He argues that the trial court should have suppressed his confession because it was involuntary and it was given after he invoked his right to counsel. We reject these arguments ...

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00-3971, 00-4066, 00-4221 U.S. v. Krilich

“Almost everyone is ‘unusual’ in some respect, and many septuagenarians have conditions similar to Krilich’s. Yet sec.5H1.1 and sec.5H1.4 put normal age-related features off limits as grounds for reduced sentences. Older criminals do not receive sentencing discounts. Many persons in ...

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00-1606-CR State v. Staples

William Staples appeals pro se from a judgment entered after he pled guilty to possession with intent to deliver a controlled substance (cocaine). Staples claims that the trial court erred when it denied his motion to suppress evidence. Specifically, Staples ...

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00-3640 U.S. v. Palomino-Rivera

“Mr. Palomino-Rivera submits that he presents an atypical case that was not adequately considered by the Sentencing Commission. … The district court agreed and, in granting the downward departure, explained that it did not ‘think this kind of a borderline ...

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01-0329-CR State v. Van Beek

Joseph Van Beek appeals a judgment of conviction for receiving stolen property. Van Beek claims the trial court erred by denying his motion to suppress evidence. We disagree and affirm. This opinion will not be published. Dist III, Brown County, ...

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00-2428-CR State v. Calhoun

Raphael C. Calhoun appeals his conviction for possession of cocaine, second or subsequent offense, following a jury trial. He argues: (1) that the trial court erred in denying his motion to strike testimony of a police officer who allegedly violated ...

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