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Case Digests

01-0657-CR State v. Kokke

Albert Gerald Kokke appeals from a judgment of conviction for fourth-degree sexual assault. Kokke argues that the trial court erred when it barred his proffered character witnesses from testifying. We uphold the court’s ruling and affirm the judgment. This opinion ...

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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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01-0065-CR State v. Marquardt

“[T]he State admits that the facts recited in the affidavits are ‘scant,’ but argues that they are not so thin as to be insufficient for probable cause. The State points to several facts in the affidavits: (1) Mary’s telephone was ...

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01-0421-CR State v. Dickey

Sammy J. Dickey appeals his judgment of conviction for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. Dickey argues that the trial court erred when it allowed blood test results to ...

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00-3390-CR State v. Ortiz

“While we recognize that the police were the agents of the city, the fact remains that it was the police, not the city, who were the direct and actual victims of Ortiz’s crimes. Ortiz did not threaten to injure the ...

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01-0733-CR, 01-0734-CR State v. Highman

Thomas Highman appeals two judgments of conviction, one for operating a motor vehicle after revocation, fifth offense, and one for operating a motor vehicle while intoxicated, sixth offense, and the orders denying his motions for postconviction relief. He contends that ...

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00-2924 Watertronics Inc. v. Flanagan's Inc.

Watertronics Inc. appeals from a judgment entered after the trial court granted Flanagan’s Inc.’s motion to dismiss based on lack of personal jurisdiction. Watertronics claims that the trial court erred as a matter of law in concluding that it did ...

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01-0928-CR State v. Fetzner

Thomas Fetzner appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence because the citizen informant’s tip ...

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01-0619-CR State v. Posius

Richard Posius appeals from a judgment convicting him of operating a motor vehicle with a prohibited alcohol content (PAC), second offense. He argues that the trial court erred by denying his motion to suppress evidence seized subsequent to the police ...

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00-3134 State v. John Tomlinson, Jr.

“In determining whether a minor has actual authority to consent to the entry, two factors may guide the courts. The first factor is the age of the child because ‘as children grow older they … acquire discretion to admit … ...

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00-2336-CR State v. Meyer

Kurt Meyer appeals a judgment convicting him of being party to the crimes of robbery with use of force, burglary, substantial battery with intent to do substantial harm, and disorderly conduct. Meyer claims the trial court improperly denied his request ...

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00-2821 Yetman v. Garvey

“[T]he rigorous nature of the FAA’s exemption requirements is not pertinent at this juncture. Our inquiry is limited to examining whether the FAA has appropriately considered the evidence, and provided sufficient justifications for its decisions. We cannot say that the ...

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00-2576-CR State v. Walker

Roger S. Walker appeals from a judgment of conviction entered against him after a jury trial, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel. Because we ...

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01-1058 U.S. v. Elizalde-Adame

“Elizalde-Adame notes that at one point during the plea hearing the district court asked the Assistant United States Attorney (‘AUSA’), ‘is there a waiver of appellate rights?,’ and the AUSA responded, ‘[t]here is not, Your Honor.’ However, when read in ...

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01-0162 Hernandez v. Behrndt

Patrick Behrndt appeals from a judgment of the circuit court dismissing his demand for a trial de novo and awarding John and Gail Hernandez (the Hernandezes) attorney’s fees. Behrndt argues that the circuit court erred in dismissing his demand for ...

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00-2884 State v. Gazic

Vlado Gazic appeals from the order denying his motion for relief under Wis. Stat. sec. 974.06 (1999-2000). The issue on appeal is whether Gazic received ineffective assistance of counsel. Because we conclude that he did not receive ineffective assistance of ...

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00-2803 U.S. v. Morris

“Morris has shown that an actual conflict of interest existed under the second test. Wasserman would seem to have a self-interest in protecting himself from a malpractice claim. However, Morris’s argument was predicated on Wasserman’s purportedly false advice. The judge ...

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00-3118-CR, 00-3119-CR State v. Skibba

Anthony Skibba appeals from a series of judgments convicting him of three counts of causing bodily injury by operation of a motor vehicle under the influence of intoxicants and three counts of failing to perform a duty upon striking an ...

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