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Case Digests

98-3400, 98-4218, 99-3797 U.S. v. McGiffen

“United States v. Embry, 128 F.3d 584 (7th Cir. 1997), clarified that a formal evidentiary hearing may not always be necessary, but Embry did not disturb Gurtunca’s requirement that a district court make appropriate findings of availability. To the contrary, ...

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00-2396-CR, 00-2397-CR State v. Rones

Sherman B. Rones appeals from judgments entered after he pled guilty to three counts of first-degree sexual assault, while using a dangerous weapon, and seven counts of armed robbery, several while concealing identity. Rones also appeals from an order denying ...

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00-0422-CR State v. Famous

Ronnie Famous has appealed from a judgment convicting him of four counts of first-degree sexual assault of a child, and one count of exposing a child to harmful material. He has also appealed from an order denying a portion of ...

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99-3084 State v. Koller

“The prejudice issue here is whether his counsel’s performance resulted in the seating of a biased juror, not whether a differently composed jury would have acquitted him. … Accordingly, at the postconviction stage Koller needed to show that if his ...

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00-3205-CR State v. Kelly

David L. Kelly appeals from a judgment of conviction of first-degree sexual assault of a child. He argues that his constitutional rights were violated by the exclusion of evidence of the victim’s prior sexual contacts and by admission of his ...

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00-3312-CR State v. Cruz

Antonio Q. Cruz appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He argues on appeal that he is entitled to a new trial in the interests of justice because the ...

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00-2942 In Re the Marriage of: Sorensen v. Sorensen

Philip Sorensen appeals his divorce judgment and challenges child support, maintenance, property division and attorney fees. His former wife, Elaine Sorensen, cross-appeals, challenging maintenance, the allocation of debts, and the award of attorney fees. We affirm the judgment. This opinion ...

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00-2172 Harris v. City of Chicago, et al.

“[D]efendants’ contention that Ramos was willing to speak freely at the Sept. 28, 1998 deposition is belied by the fact that, at that deposition, Ramos invoked the Fifth Amendment in response to several general questions which could not possibly have ...

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99-3017 Stanciel v. Gramley, et al.

“Stanciel has presented an argument that the district court abused its discretion by dismissing defendants Lowery, Kelly, and Reider for lack of timely service. He claims the district court erred by invoking Local Rule 7.1(B) to dismiss defendants for improper ...

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00-3047 Heritage Mutual Insurance Company v. Janda

Richard and Colleen Janda appeal an order granting summary judgment to Heritage Mutual Insurance Company. The order precludes the Jandas from pursuing an uninsured motorist claim under their Heritage policy for personal injuries they sustained while riding their uninsured motorcycle. ...

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01-0736-CR State v. Malkmus

Gary Malkmus appeals from an order denying his motion for postconviction relief. He also appeals from an order denying his motion for sentence credit. We affirm the orders of the trial court. This opinion will not be published. Dist II, ...

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00-2719 Hein, et al. v. Frieberg, et al.

Jerome and Judith Hein appeal from a judgment declaring that a homeowners insurance policy issued to Thomas Frieberg did not provide coverage for Jerome’s injuries resulting from an automobile accident allegedly caused by Frieberg’s minor daughter. They contend the trial ...

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01-0194 Jones v. Secura Insurance

Harold Jones appeals an order declaring that Stacie Jones, his daughter, is not covered by an automobile insurance policy issued to Jones Transportation, his business. The issue is whether the trial court correctly concluded that the policy did not provide ...

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01-1438-NM, 01-1439-NM In Re the Termination of Parental Rights to Maryah Monika M., Dante Jovan M.: Brown County Department of Health and Human Services, et al. v. Antonio M., et al.

Tisa C. appeals orders terminating her parental rights to her two children and orders denying her post-termination motions. Tisa challenges the sufficiency of the evidence supporting the jury’s finding beyond a reasonable doubt of the likelihood of serious emotional or ...

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00-1523, 00-2679 U.S. v. Bhutani

“While the plain language of the FDCA clearly prohibited the failure to establish or maintain records, criminal penalties were not clearly imposed. Nevertheless, we agree with the reasoning found in the former set of cases rather than the latter because ...

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01-1054-CR State v. Arnold

The State appeals an order suppressing incriminating statements that David Arnold made to police. The State argues that (1) Arnold was not in custody when he made the statements, and (2) Arnold’s statements were voluntary because the police used no ...

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