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Case Digests

01-0399-CR State v. Lewis

Edward D. Lewis appeals from a judgment of conviction and sentence after he pled guilty to possession of a firearm by a felon. He also appeals from an order denying his postconviction motion to modify his sentence. Lewis claims: (1) ...

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00-2643 U.S. v. Carrillo

“There is no question that the jury instructions should have been finalized before closing arguments. However, although a technical violation of Rule 30 did occur, it is clear that the error did not violate the defendants’ substantial rights. The district ...

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01-0261-CR State v. Dixon

Sharon Dixon appeals from the judgment of conviction entered after a jury convicted her of one count of arson of a building, party to a crime and one count of possession of a controlled substance. Dixon also appeals from the ...

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01-1678 U.S. v. Allen

“Allen contends that Agent Fox’s testimony regarding the link between the gun found at the motel and drug trafficking was simply a subjective lay opinion and not an expert opinion. Agent Fox received education and training in the field of ...

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01-0182 State v. Torpen

This is so because it is improper to order restitution to a party with no relationship to the crime of conviction. Therefore, we reverse and remand with directions that the circuit court enter an amended judgment of conviction. “If the ...

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01-0974 Village of Plover v. Pittman

Scott Pittman appeals a jury verdict finding him guilty of operating a motor vehicle while intoxicated. Pittman contends that the trial court erred by excluding testimony related to his reasons for refusing to submit to a chemical test for alcohol. ...

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00-3762, 00-3763 U.S. v. Pedroza

“It is true that the consent followed closely on the heels of the questionable pat-down search, which could suggest that the consent was a product of that search. In this case, however, we find that the other two factors indicate ...

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00-3175-CR State v. Simplot

Randy Simplot appeals a judgment convicting him of being party to the crimes of possession of cocaine with intent to deliver and maintaining a drug house, each as a repeat offender, and also an order denying his postconviction motion. He ...

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00-3560 U.S. v. Limares

“Limares stresses that several investigations have found that some molecules of cocaine, heroin, and other drugs can be found by sophisticated apparatus on almost all currency. This has the potential to increase the rate of false positives, and if the ...

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00-3365 Mattson, et al. v. Peterson

The Polk County Child Support Agency appeals from an order denying its motion to modify Roger Peterson’s child support obligation. The agency argues that the trial court erroneously exercised its discretion by denying its motion. Specifically, the agency contends that ...

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01-0071-CR State v. Jackson

Dwayne Jackson appeals an order denying his motion for resentencing. He argues that the trial court unreasonably drew an inference from his sporadic employment record that he supported himself by selling drugs and that this inference created a risk of ...

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01-0955 State v. Dodski

Deborah Dodski appeals her judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), first offense. Dodski argues that the warrantless draw of her blood for noncriminal OWI violates the Fourth Amendment. We reject ...

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00-2308 City of Milwaukee v. Burnett, et al.

However, we also agree with defendants that portions of the injunction are impermissibly vague. “Twenty-five foot restriction. Appellants also challenge the provision of the injunction that prohibits them from ‘[s]tanding, sitting, walking, driving, gathering or appearing anywhere in public view ...

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01-0598-CR State v. Peterson

Patrick Peterson appeals from a judgment of conviction for first-degree intentional homicide and hiding a corpse, and from an order denying postconviction relief. Peterson asserts that he should be allowed to withdraw his guilty plea to the homicide charge because ...

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01-0222 State v. VanLaarhoven

“In addition to VanLaarhoven’s implied consent to a chemical analysis of his breath, blood or urine, he was given the information in the Informing the Accused form twice-once before a breath sample was attempted and again before the blood sample ...

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00-3378 Grandaw v. Schwarz

Peter Grandaw appeals from a circuit court order affirming his parole revocation. Grandaw, whose parole was revoked because he sexually assaulted two women, seeks a new revocation hearing on grounds that he was denied due process at the hearing because ...

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00-2803 State v. McAttee

“Second, for purposes of probable cause to arrest, the police were entitled to rely on information from a known and reliable informant without independently determining the reliability of the informant’s source or the source’s information. …McAttee cites no authority requiring ...

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01-0510-CR State v. Rayford

Mark Rayford appeals the judgment of conviction entered after Rayford entered Alford no contest pleas to one count of first-degree reckless injury and one count of attempted homicide. Rayford argues that the trial court erred in denying his motion to ...

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01-0527 Hutchinson v. Buckley

Spencer Hutchinson appeals from a judgment dismissing his action and ordering him to pay $23,031 in attorney’s fees as a sanction for his egregious conduct in violating discovery orders. Hutchinson argues that the trial court erred in: (1) finding that ...

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01-1375-CR State v. Baskin

William F. Baskin appeals from a judgment, entered on his guilty pleas, convicting him of unlawfully carrying a concealed weapon and possession of tetrahydrocannabinols. He challenges the trial court’s denial of his suppression motion. We reverse. This opinion will not ...

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01-0806-CR State v. Norem

Rick Norem appeals from an order denying his motion for sentence modification. Norem argues that the circuit court erred when it concluded that Norem failed to demonstrate the existence of a new factor that would allow the court to consider ...

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00-3456 In Re the Marriage of: Mogged v. Mogged

Otto Mogged III appeals an order vacating a previous maintenance determination and setting maintenance at $2,000 per month. Otto argues that the trial court erroneously exercised its discretion when it failed to apply the “extraordinary circumstances” test and failed to ...

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00-2245 Ruege, et al. v. Dougherty, et al.

Ruth A. Ruege appeals from the judgment dismissing this action. Ruege argues on appeal that her informed consent cause of action should not have been dismissed by directed verdict and that the court improperly excluded certain testimony. Because we conclude ...

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