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Case Digests

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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00-3373-CR State v. Booth

Kevin Booth, pro se, appeals his judgment of conviction for attempted second-degree sexual assault with a person who the defendant knows is unconscious and an order denying postconviction relief. Booth argues that: (1) he was denied his Sixth Amendment right ...

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01-0505 State v. Collette

Andrew B. Collette appeals pro se from a judgment of conviction and an order denying postconviction relief. In his pro se postconviction motion, Collette contended that his postconviction counsel was ineffective, that the sentencing violated his double jeopardy protection and ...

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01-2989 Henderson v. U.S.

“Henderson’s first motion was not a section 2255 motion as such; it is deemed a section 2255 motion as a result of the rule adopted in Evans and other cases… Nothing in AEDPA says that a motion not labeled as ...

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00-2734-CR State v. Bryant

Sirvictor Bryant appeals from a judgment convicting him of possessing cocaine with intent to deliver it and three misdemeanors. The issues are whether the trial court erred by allowing the State to present certain testimony at his trial and by ...

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00-2091 Whitehead v. Cowan

“Whitehead argues that his right to a fair and impartial jury was violated because a local newspaper published the names and addresses of the jurors. Indeed, the Supreme Court has found that publication of juror names and addresses can contribute ...

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00-2558-CR State v. Obriecht

Andrew Obriecht appeals a judgment convicting him of one count of attempted second-degree sexual assault of a child, five counts of fourth-degree sexual assault and one count of disorderly conduct, all as a repeat offender. The issue is whether the ...

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00-2744 U.S. v. Xiong

“Reading the statements in context … we conclude that the prosecutor did not disparage defense counsel’s character. In his closing argument, defense counsel argued that the government suffered from tunnel vision and put on perjured testimony. The prosecutor responded by ...

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00-2552-CR, 00-2553-CR State v. Applebee

Lucas Applebee appeals from judgments convicting him of one count of possession of THC with intent to deliver and one count of criminal damage to property. The issues are: (1) whether Applebee’s confession was voluntary; and (2) whether the trial ...

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99-3577 U.S. v. Oreye

“The judge did not deny Oreye the assistance of counsel. On the contrary, he tried to persuade him to stick with Shanin. His fault if there is one was not going into sufficient detail about the perils of self-representation. We’re ...

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00-2724-CR State v. Lor

Zong Lor appeals from a judgment convicting him of being a party to the crimes of first-degree reckless homicide by use of a dangerous weapon and attempted first-degree reckless injury by use of a dangerous weapon, and also from an ...

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99-2306 ABKA Limited Partnership v. DNR

“The DNR may allow individuals to place docks in the water for access and reasonable use of the water by issuing permits but may not allow the passing of title to the water… Navigable waters unquestionably belong to the people, ...

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00-2900, 01-0319 State v. Brycki

Steven W. Brycki appeals from a judgment entered on a jury verdict convicting him of driving with a prohibited blood-alcohol concentration, and from the trial court’s order revoking his privilege to drive an automobile for two years as a consequence ...

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00-3073 State v. Giminski

“Even sliding inside Giminski’s shoes, and even allowing for a father’s extraordinarily strong urge to protect his child, we see absolutely nothing that established a basis for any reasonable belief justifying Giminski’s conduct. He knew the lawfulness of the agents’ ...

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01-0054-CR State v. Senn

LeRoy Senn appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, third offense. Senn argues that: (1) the trial court erred by denying Senn’s motion to dismiss at the conclusion of the ...

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01-0116 State v. Peterson

“In order to resolve the statute’s ambiguity in the context of this fact situation, we consider the legislative history which the court discussed in Martin. As the court there explained, prior to the last major amendment of the statute in ...

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01-0470-FT City of Eau Claire v. Langenfeld

Kimberly Langenfeld appeals her conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). The sole issue on appeal is whether the arresting officer had reasonable suspicion to detain Langenfeld in order to perform field sobriety ...

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00-2546-CR State v. Rodriguez

“We have held that a suspect may not walk away from an officer conducting a Terry stop, and that the officer may restrain any suspect who attempts to do so. State v. Goyer, 157 Wis. 2d 532, 538, 460 N.W.2d ...

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01-0474 County of Dunn v. Trainor

Gerald Trainor appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI). The circuit court found Trainor guilty of these charges after it denied his motion to suppress evidence gathered by police after his arrest. The ...

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