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Case Digests

01-2351 Dimenski v. INS

“Any other position would have astonishing sweep. Think for a moment of tax law. There are endless forms to fill out, and each decision about how to classify a transaction may have substantial effects, yet attempting to fit the Internal ...

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01-1266 State v. Fondren

Willie C. Fondren appeals from an order denying his motion for sentence modification. Fondren makes three almost incomprehensible arguments in support of sentence modification; as best we can tell, Fondren argues that his trial counsel was ineffective, that the trial ...

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00-1125 Winters v. Miller

“[A]lthough the bailiff’s failure to inform the judge of the jury’s inquiries was inappropriate, it was harmless error and does not warrant reversal. Winters has not established that the substance of the bailiff’s first ex parte response was prejudicial to ...

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00-3940 U.S. v. Chemetco, Inc.

“Section 309(c)(2) of the CWA, which allows for ‘a fine of not less than $5,000 nor more than $50,000 per day of violation,’ also lacks a statutory maximum penalty. 33 U.S.C. sec. 1319(c)(2). Thus, even though the sentence imposed under ...

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99-2580 State v. Kramer

Where the prosecutions for video gambling were limited to Fond du Lac tavern owners, we conclude that defendant has established a discriminatory purpose on the part of the State because the prosecutions were based on an arbitrary consideration: geographic location. ...

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99-3277 Okai v. Verfuth, et al.

“The only evidence regarding the substance of the disciplinary reports and the nature of the officers’ suspensions came in the form of affidavits from Lieutenant Verfuth and Officer Zachary. In those affidavits, both officers averred that their suspensions were unrelated ...

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01-0221 Calaway v. Village of Allouez, et al.

Thomas Calaway, Sandra Calaway and Catherine Calaway-Schounard (collectively, the Calaways) appeal from a trial court order affirming a Village of Allouez raze order. The Calaways argue that the raze order is unreasonable because (1) the Village did not consider repair ...

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01-3101 U.S. v. Huusko

“Huusko contends that the district court failed to give any weight to the prospect that he had been wrongly convicted and would win his appeal. If that should happen, he argues, he would be improperly held in federal custody while ...

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01-1047-FT Morse v. Kloss

Daniel and Karen Morse appeal a judgment dismissing their adverse possession and prescriptive easement claims against Ernest and Joyce Kloss’s adjoining lake lot. The Morses raise three issues: whether (1) the findings of fact support adverse possession or a prescriptive ...

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01-1673 U.S. v. Shutic

“We need not spend much time discussing Shutic’s argument because we recently addressed precisely the issue he raises. United States v. Sherman, No. 00-2961, 2001 WL 1205378 (7th Cir. Oct. 11, 2001). In Sherman we considered the same arguments as ...

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01-0611 State v. Young-Cooper

Charles Young-Cooper appeals from the order denying his motion pursuant to Wis. Stat. Sec. 974.06 (1999-2000). The issue on appeal is whether Young-Cooper established a claim of ineffective assistance of counsel. We conclude that Young-Cooper could have raised the issue ...

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01-2213 U.S. v. Mantas

“Given the evidence, the district court did not clearly err in finding that Mantas intended to sell all of the produce in the warehouse. Underlining this point were Mantas’ brazen attempts to sell adulterated meat after inspectors had red-tagged the ...

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01-2035 State v. Ziebell

The sole issue on appeal is whether the circuit court erroneously exercised its discretion when it denied Patricia Ziebell’s motion to dismiss the charge for refusing to take a blood alcohol test after she pled guilty to the underlying charge ...

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01-1771-CR State v. Kahl

Randy Kahl appeals from a judgment of conviction for operating a motor vehicle while intoxicated in violation of Wis. Stat. § 346.63(1)(a), second offense. Kahl challenges the denial of his motion to suppress the results of a chemical test of ...

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00-1260 U.S. v. Knights

The warrantless search of Knights, supported by reasonable suspicion and authorized by a probation condition, satisfied the Fourth Amendment. As nothing in Knights’ probation condition limits searches to those with a “probationary” purpose, the question here is whether the Fourth ...

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01-0311 State ex rel. Beyer v. Puckett

Bernard Beyer appeals the circuit court’s order quashing his writ of certiorari and dismissing his petition. Beyer argues that Stephen Puckett, the Director of the Bureau of Offender Classification and Movement, improperly denied his request to change his security classification. ...

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01-1252 State v. Frank

“We conclude that the trial court’s ruling, that other acts evidence would be admissible, did not require Frank to enter into the Wallerman stipulation. However, by entering into the stipulation and rendering the other acts evidence inadmissible, Frank waived his ...

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00-2826 State ex rel. Pik v. Schwarz

Gregory Pik appeals the circuit court’s order denying his motion to reconsider its decision affirming his probation revocation. Pik argues: (1) that the Division of Hearings and Appeals violated his constitutional right to due process because it did not hold ...

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01-1155 State v. Jones

“The State’s interpretation of Wis. Stat. § 973.01(2)(c) is textually impermissible. First, the State’s interpretation is feasible only if the sentencing court divides the penalty enhancer evenly between confinement and supervision. If, for example, the penalty enhancer is five years, ...

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01-2083-CR State v. Garcia

David Garcia appeals his judgment of conviction for possession of THC. He argues that the circuit court erred by denying his motion to suppress evidence based upon an illegal search and seizure. We disagree. This opinion will not be published. ...

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01-1417 State v. Daggett

“We conclude that the method used to take the blood sample was a reasonable one and was performed in a reasonable manner. At the outset, we reject Daggett’s assertion that blood draws must take place in a hospital setting in ...

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01-1267-CR State v. Wiskow

Cain Wiskow appeals a judgment convicting him of burglary to a dwelling as a repeater. He argues that the trial court erroneously denied his suppression motion because a warrantless search of his room violated his Fourth Amendment rights. Because Wiskow’s ...

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