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Case Digests

01-0752-CR State v. Chenal

Craig Chenal was involved in a break-in of an abandoned house owned by the estate of Morris White. The State appeals an order that Chenal owed no restitution as a result of his conviction for misdemeanor theft, party to a ...

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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 This opinion will not be published.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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00-2244 Hardy v. Hardy, n/k/a Trudell

George Hardy appeals from a judgment ordering him to pay a certain sum to Christine Trudell, his former wife. The issue is whether Trudell’s motion seeking to enforce the judgment was barred by a statute of limitations or laches. We ...

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00-2838-CR State v. Knutson

The State appeals an order dismissing the criminal charges against Bruce Knutson. The State argues that the trial court erred as a matter of law when it ordered the State to produce a confidential informant at an in camera hearing ...

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00-2217 Johnson v. McCaughtry

“Equitable tolling ‘excuses a timely filing when the plaintiff could not, despite the exercise of reasonable diligence, have discovered all the information he needed in order to be able to file his claim on time.’ Taliani, 189 F.3d at 597. ...

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01-0713-CR State v. Jardine

Jamie Jardine appeals an order denying his motion to modify or vacate a 1994 sentence for attempted first-degree intentional homicide and four counts of first-degree sexual assault. We construe the request to vacate the sentence in part as an effort ...

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01-1731 Ramunno v. U.S.

“We publish this opinion as a reminder, both to district judges and to counsel. A certificate of appealability never should have been issued in this case – not, that is, unless the underlying ineffective-assistance claim is ‘substantial,’ and we have ...

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00-2947-CR State v. Smith

Juan Smith appeals from the judgment entered following a jury trial, convicting him of delivery of cocaine. Smith asserts that the trial court: (1) erroneously exercised its discretion in denying his motion to adjourn the jury trial; (2) erred when ...

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98-3306 Morris v. U.S.

“We need not consider whether there is deficient performance in the failure to use the New letter in this case, because there is no prejudice. … Our review of the trial transcript reveals that the New letter was indeed cumulative ...

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00-2303-CR State v. Earls

Fairly W. Earls appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He argues on appeal that the State presented improper opinion evidence, that the court erred in admitting certain videotaped ...

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01-2926 In Re: John Campbell

“Just as the filing of a notice of appeal is a prerequisite to a federal appeals court’s jurisdiction of an appeal, so the exhaustion of state remedies, including postconviction remedies, is a prerequisite to seeking federal habeas corpus. So one ...

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01-0767-CR State v. Reinhard

The guilty-plea-waiver rule blocks Bernie M. Reinhard’s challenge to the retroactive application of Wis. Stat. sec. 346.65(2)(b) that results in Reinhard being charged with a second offense operating while under the influence of an intoxicant (OWI). Therefore, we affirm. This ...

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00-1959 Chambers v. McCaughtry

“We note … that, after the decision of the state court of appeals in this case, the Supreme Court of Wisconsin explicitly declared in State v. Oimen, 516 N.W.2d 399 (Wis. 1994), that the felony murder statute ‘encompasses the immediate ...

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01-1415-CR State v. Prill

Donna Prill pled no contest to the charge of operating a motor vehicle while intoxicated, third offense. The circuit court sentenced Prill as a third-time offender under Wis. Stat. sec. 346.65(2)(c), which establishes the repeater penalties for violations of sec. ...

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00-3680 U.S. v. Sumner

“According to Sumner, there was a significant temporal gap between the uncharged conduct and the offense of conviction, there was evidence that he voluntarily ceased the uncharged activity, the uncharged conduct involved a different drug than the offense of conviction, ...

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00-2302 Meyer, et al. v. Palmquist

David and Ricky Palmquist appeal a judgment declaring that Fred and Maureen Meyer, and Maurice and Lillian Secore acquired by adverse possession land previously titled to the Palmquists. The Palmquists argue that the evidence was insufficient to support the jury’s ...

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01-0383 City of Beloit v. Tinder

William Tinder appeals a circuit court order which affirmed a judgment of the City of Beloit Municipal Court. The municipal court found Tinder guilty of violating a city ordinance prohibiting obstructing an officer. Tinder contends that the elements of the ...

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00-2751 Kucharski v. Kucharski, et al.

Robert Kucharski appeals from a judgment denying his action for partition of two lots. Robert argues that he has an equitable one-fourth interest in the lots by virtue of a previous settlement agreement, a letter and an unrecorded deed to ...

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