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Case Digests

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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00-1203 Clay, et al. v. Johnson, et al.

“The district court believed that the position the Board announced in its proposed version of Comment 18(g)-4 was patently inconsistent with the position the Board announced in the adopted version of Comment 18(g)-4. The court noted that the Board initially ...

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01-0851 State v. Langenbach

This is so because: (1) any effort by the State to compel a defendant to testify against his will at his sentencing hearing clearly contravenes the Fifth Amendment and there is a possibility that defendant could be sentenced in this ...

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01-0584 State v. Lemke

Dale J. Lemke appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI). Lemke contends that the investigative stop of his vehicle was illegal under Terry v. Ohio, 392 U.S. 1 (1968), and Wis. Stat. sec. ...

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00-3084 State v. Tulley

“Because the three prospective jurors with whom the court spoke in camera did not serve on the jury, we conclude that the State has met its burden to show that there is no reasonable possibility that the court’s error contributed ...

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01-0578-CR State v. Yench

Leroy A. Yench appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Yench pled guilty to the charge following the trial court’s denial of his motion to suppress evidence of a blood test ...

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00-2916 State v. Davis

“Therefore, we reverse the order of the trial court denying the State’s motion to compel Glenn E. Davis to submit to a reciprocal psychological examination and remand to the trial court to conduct further proceedings consistent with this opinion. … ...

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00-2914 State v. Krause

James D. Krause appeals pro se from an order denying his postconviction motions for sentence modification and for a restitution hearing. Krause argues that the trial court failed to articulate adequate grounds for denying the motions without a hearing. We ...

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00-1825 Bicknese v. Sutula, et al.

Alma Bicknese appeals from a postverdict judgment dismissing her claims against Thomas Sutula for promissory estoppel and intentional misrepresentation. After the jury found in favor of Bicknese on the estoppel claim, the trial court entered judgment notwithstanding the verdict and ...

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00-2783 State v. Ward

Jeffrey Ward appeals an order denying his Wis. Stat. sec. 974.06 (1999-2000) postconviction motion in which he alleged that his 12-year sentence was excessive and his postconviction counsel was ineffective for not challenging the sentence. Because the trial court properly ...

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00-2902 In re: Dennis E. Carlson, Debtor

“The Bankruptcy Code requires the debtor to list as assets of the estate in bankruptcy ‘all legal or equitable interests of the debtor in property as of the commencement of the case.’ 11 U.S.C. sec. 541(a). The term ‘legal or ...

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00-2940 Pederson v. Anibas

Jerry Anibas appeals a judgment awarding Linda Pederson $39,500 on her unjust enrichment claim. He argues that the trial court’s findings were clearly erroneous. He further argues that the trial court erroneously included certain assets and refused to address his ...

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00-2630 Pulver, et al. v. Jennings, et al.

Melvin Pulver appeals the judgment entered upon a jury verdict awarding him $9,153 damages plus costs and interest for injuries he sustained in a three-car automobile accident. Pulver contends he is entitled to a new trial because: (1) the jury’s ...

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