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Case Digests

01-0827 State v. McGuire

The State of Wisconsin appeals from a trial court order dismissing its action against Scott McGuire. McGuire is the licensee for the service of alcoholic beverages at the Sports Page Bar & Grill. The State cited both McGuire and his ...

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00-2269, 00-2723 U.S. v. Bogan

“In the factual situation before us, the evidence of the wine-making activity of Bogan and Calhoun serves to complete and answer a conceptual void in the history of the crime. To the lay juror, most likely unfamiliar with the manufacturing ...

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00-2875-CR State v. Balli

Lorenzo Balli appeals a judgment convicting him of attempted escape. The issue is whether there was a sufficient factual basis for the conviction. We conclude that there was. Accordingly, we affirm. This opinion will not be published. Dist IV, Columbia ...

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00-2665 U.S. v. Higgins

“There is no indication that the district court believed that Higgins intended to actually deprive ONB of the full $420,000 he purported to be depositing, as opposed to merely impressing the bank with his importance and then using some smaller ...

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01-0708 Lane v. Sharp Packaging Co. et al.

“Here, Lane alleges that Niebler acted ‘maliciously’ and ‘[w]ith actual intent to … defraud Lane’ and that Niebler ‘exceeded the bounds of his professional obligation to Sharp and the Scarberrys and became an active participant in … fraudulent activities, acting ...

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01-0621 City of Madison v. Jawara

Duke Jawara appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). The precise nature of Jawara’s claim of error cannot be ascertained from his brief, but it appears that he is ...

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00-2396 U.S. v. Martinez-Garcia

“[I]t is clear that the conduct admitted by Garcia in his plea of guilty to Count I of the 1988 Information fits within the parameters of an ‘attempt’ to commit a ‘theft offense.’ The 1988 Information charged Garcia with the ...

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01-1474-CR State v. Merkes

Karla R. Merkes appeals a judgment of conviction for causing injury by operating a motor vehicle while under the influence of an intoxicant. She contends the trial court erred in concluding that the officer had probable cause to arrest her. ...

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01-1202 U.S. v. Frykholm,

“The district court did not deny her responsibility based solely upon the fact that she told the probation officer that she had never done anything wrong. The district court instead declined to give Frykholm the bargain-rate sentencing discount because she ...

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01-1427-CR State v. Zitlow

Gabriel Zitlow appeals his conviction for possession of marijuana as a party to the crime. He contends that the trial court erred by denying his motion to suppress evidence because the arresting officer lacked probable cause to conduct a warrantless ...

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00-2489-CR State v. Smith

Ollie Smith appeals from a judgment convicting him of possession of more than 100 grams of cocaine with intent to deliver, within 1,000 feet of a park, as a repeater. Smith argues that the police illegally expanded the scope of ...

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00-0795 State v. Navarro

“We agree with the State that Navarro’s allegations could have been considerably more specific, for instance, by identifying specific past incidents involving the correctional officer of which Navarro was aware, or by providing the names of inmates allegedly abused by ...

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00-1821 State v. Gribble

“It is not the prospective jurors’ ‘first introduction to the substantive factual and legal issues in a case.’ [Citation]. And, since the questions are not directed at eliciting information on prospective jurors’ backgrounds, or any other information that might reveal ...

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00-3084, 00-3085 State v. Tulley

And, even assuming, arguendo, that trial counsel’s performance was deficient, that deficiency was not prejudicial and defendant was not, therefore, denied effective assistance of counsel. Judgments and order affirmed. Recommended for publication in the official reports. Dist IV, Vernon County, ...

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00-3173 State v. Zimmerman

“Thus, this language unambiguously articulates categories of custodians whose control over parolees and probationers constitutes actual custody, namely: an institution, peace officer or guard. None of the categories includes probation or parole agents. This has been the implicit understanding of ...

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00-3959 Alvarado v. Litscher, et al.

“[I]t is not unreasonable to assume that in 1998-99, five years after the decision in [Helling v. McKinney, 509 U.S. 25 (1993)], prison officials knew or should have known that even though Alvarado was housed with a non-smoking cellmate on ...

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00-3088 Bohrer v. City of Milwaukee

This is because plaintiff’s game satisfies all seven provisions of the exemption, including, for example, that no purchase be necessary, that all prizes are randomly awarded, and the sponsor does not misrepresent a participant’s chances of winning any prize. “The ...

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01-0202-FT Eytcheson v. Eytcheson

Randy Eytcheson appeals a judgment declaring Howard Eytcheson’s rights in a boundary dispute and dismissing Randy’s claim for adverse possession. Randy argues that (1) the evidence sufficiently establishes his claim of adverse possession; (2) a fence line establishes his claim; ...

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00-2972-CR State v. Apel

Terry A. Apel appeals judgments of conviction for homicide, attempted homicide, and conspiracy to commit homicide related to the death of Pamela Schultz, his fiancée’s daughter. Apel contends the trial court erred in denying his motions to suppress the evidence ...

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00-3517-CR State v. Lockhart

Walter Lockhart appeals a judgment convicting him of substantial battery, as a repeater. He also appeals the order denying him postconviction relief. The issues are whether the trial court erroneously excluded testimony at his jury trial and whether cumulative error ...

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