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Case Digests

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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00-2491 Vis v. Cushman Inc., et al.

Jeffrey Vis appeals from a judgment dismissing his claim against Cushman, Inc. for injuries he sustained when the brakes failed on a motorized garbage cart manufactured by Cushman. Vis challenges the trial court’s failure to grant summary judgment as a ...

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00-2961 U.S. v. Sherman

“The possession, receipt and shipping of child pornography directly victimizes the children portrayed by violating their right to privacy, and in particular violating their individual interest in avoiding the disclosure of personal matters. See Ferber, 458 U.S. at 759 n.10 ...

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01-0670-CR State v. Simpson

Don Simpson Jr. appeals from a judgment convicting him of two counts of delivering cocaine base within one thousand feet of a school as a repeater. He challenges three evidentiary decisions and the trial court’s jury instructions. We affirm. This ...

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01-1375 U.S. v. Tolar

“Businesses such as C&I’s lot that can be observed by anyone passing on the street lack any comparable privacy interest. An open gate invites entry, and a chain-link fence does little to assert a privacy interest (as opposed to a ...

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99-3000-CR State v. Sanchez-Diaz

Ramon Sanchez-Diaz, pro se, appeals from a judgment convicting him of first-degree intentional homicide and second-degree sexual assault. He also appeals from the trial court’s order denying his motion for a new trial. He argues: (1) that the trial court ...

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01-1597 U.S. v. Peterson

“Nothing in sec.3663A(a)(3) prescribes how a defendant may exercise the option to make restitution to persons other than the victims of the crimes of conviction. Peterson believes that this open-endedness, combined with the Rule of Lenity, equals a requirement that ...

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00-3100-CR State v. Nett

Daniel K. Nett appeals from the judgment of conviction entered against him. He argues on appeal that the trial court improperly allowed the introduction of other acts evidence. Because we conclude that the evidence was properly admitted, we affirm. This ...

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00-0846-CR State v. Golden

Parish M. Golden appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issues on appeal are whether Golden received ineffective assistance of trial counsel and whether the trial court erred ...

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01-0499-CR State v. McCoy

Bernard J. McCoy appeals from a judgment entered on a jury verdict finding him guilty of delivery of fewer than five grams of cocaine, within 1,000 feet of a school, as party to a crime. He also appeals from the ...

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01-0595 County of Dane v. Mawhinney

Jeffrey J. Mawhinney was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as first offenses. He moved to suppress the results of a blood alcohol test. The circuit court ...

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01-0689-CR State v. Tinder

William L. Tinder appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant. He suggests that the circuit court erred in denying his motions to suppress evidence of his blood alcohol content. For ...

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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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00-3334 State v. Wenk

“The differences of opinion between the doctors and the trial court lay with their prediction of Wenk’s likely behavior when released. The trial court remarked that, although Wenk had not abused drugs for ten years, his sexual assaults were directly ...

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00-0915 Schultz v. Sykes, et al.

“There are few, if any, functions of a circuit court more vital in maintaining its dignity or accomplishing the purposes of its existence than ensuring the truthful disclosure of facts. When parties attempt to influence witnesses to lie under oath, ...

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