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Case Digests

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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01-1733 Ashley v. U.S.

“The district court dismissed Ashley’s petition as untimely without reaching a conclusion about whether Apprendi applies retroactively to collateral attacks. We therefore issue a certificate of appealability, for given Apprendi the underlying constitutional claim must be deemed ‘substantial’ for purposes ...

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00-2874-CR State v. Cucuta

Manuel Cucuta appeals from a judgment entered after a jury convicted him of two counts of first-degree intentional homicide, party to a crime, and one count of use of a dangerous weapon. Cucuta also appeals from the trial court’s order ...

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01-2006 Ruth v. U.S.

“Ruth asserted in his Rule 33 motion that his new evidence of Countryside Fragrances’s legitimate and independent existence supported his claim of innocence. He did not argue that the government violated Brady by failing to disclose this information, nor did ...

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00-2897-CR State v. Spiller

Jerjuan D. Spiller appeals from a judgment of conviction and an order denying postconviction relief after a jury found him guilty of: two counts of kidnapping, two counts of first-degree sexual assault, two counts of armed robbery, and exposing a ...

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00-3288-CR State v. Bintz

David Bintz appeals a judgment of conviction for first-degree murder, party to a crime, and an order denying postconviction relief. Bintz argues that (1) the trial court erred by admitting “sleep talk” evidence; (2) the court erred by refusing to ...

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01-1020-FT City of Stevens Point v. Wirtz

Michael C. Wirtz appeals from a jury verdict finding him guilty under Wis. Stat. sec. 346.63(1)(a) for operating a motor vehicle while under the influence of an intoxicant. Wirtz contends on appeal that the trial court erred in refusing to ...

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01-0684-CR State v. Sekula

Joanne Sekula appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), and from an order denying her motion for an evidentiary hearing on whether her trial counsel was ineffective for ...

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00-3176 State v. Hughes

This is so because, “the jury’s unanimous findings (confirmed when the trial court polled the jury) that Hughes possessed cocaine with the intent to deliver it, and that he also possessed that cocaine were not inconsistent. Additionally, Hughes does not ...

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01-0709-CR State v. Smaxwell

Michael A. Smaxwell appeals from a judgment of conviction for operating a motor vehicle while intoxicated, third offense. Smaxwell argues that there was neither consent nor exigent circumstances to justify the warrantless search of his garage prior to his arrest. ...

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00-2889 Spangberg v. Talis, et al.

Chris Spangberg appeals a summary judgment dismissing his legal malpractice action against attorney John Talis, his insurer and his law firm. Spangberg’s complaint alleged that Talis negligently allowed the statute of limitations to expire on two claims Spangberg wanted to ...

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00-1191 Beslic v. INS

“In an attempt to show that he has raised a substantial constitutional claim, Beslic argues that the language of 8 U.S.C. sec. 1182, which provides that aliens are inadmissible if they are attempting to enter the United States to ‘evade ...

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00-3053 State v. Crockett

We further conclude that defendant’s request for resentencing because his sentence was unduly harsh has already been adjudicated and there are no new factors which would justify modifying defendant’s sentence. “Although there may be situations… in which it is appropriate ...

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00-2870-CR State v. Lisney

Douglas Lisney appeals from a judgment convicting him of disorderly conduct while using a dangerous weapon, and from a subsequent order denying his motion for postconviction relief. Lisney argues that he is entitled to a new trial because he was ...

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00-2411 Jutzi-Johnson v. U.S.

“[W]e should consider whether there was any causal relation between that negligence and the suicide. We think not. Johnson did not commit suicide because he had sores on his body. As nearly as can be reconstructed from the evidence, he ...

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00-3440 State v. Matthews

“In Lac Courte Oreilles Band v. Voigt, 700 F.2d 341 (7th Cir. 1983) (LCO I), the court of appeals recognized that the Chippewa have usufructuary rights and remanded the case to the district court for determination of several issues, including ...

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00-2370-CR State v. Bodoh

Kelly J. Bodoh appeals from a judgment of conviction of party to the crime of first-degree intentional homicide and from an order denying his motion for postconviction relief. He argues that trial counsel was constitutionally deficient by not investigating additional ...

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00-3710 U.S. v. Viezca

“We agree with Viezca that there are similarities between this case and Duff. Portions of Count one of the indictment in this case were worded much like the indictment in Duff, as it charged Viezca, Mendoza, and Guerrero with having ...

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