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Case Digests

01-0520-CR State v. Anderson

Maxine Anderson appeals from a judgment convicting her of child abuse and first-degree reckless homicide. On appeal, she argues that she was prejudiced by the prosecutor’s improper cross-examination of her, the circuit court should have granted her motion for a ...

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01-0231 VanCleve v. City of Marinette

“The statute states that if the damages are caused by the wrong of the City ‘and of any person, or private corporation, such person or private corporation shall be primarily liable therefor.’ Wis. Stat. § 81.17. Therefore, a person who ...

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01-1443 State v. Cotton

Andrew Cotton appeals his judgment of conviction of a disorderly conduct municipal forfeiture and an order denying his motion to suppress evidence. Cotton argues that there was no reasonable suspicion to pull his car over and that his continued detention ...

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01-0507 State v. Jennings

“The State asserts that Jennings was formally accused and the prosecution commenced with the timely filing of the complaint and the issuance of an order to produce. It argues that an order to produce is sufficiently like a warrant or ...

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01-1166 County of Waukesha v. Islami

Ydbi Islami appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), first offense. Islami was found guilty of the charge following a jury trial. He is contesting the trial court’s denial of his motion to ...

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01-0738 State v. Burroughs

“Physical force is not essential to a finding of confinement. Wis JI-Criminal 1275. Nor are we persuaded that the presence of an opportunity to escape requires the victim to take that risk, and we know of no law that so ...

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01-0094 State ex rel. Santner v. Schwartz

Mark Santner, pro se, appeals from the circuit court’s order affirming his probation revocation. Santner argues that his revocation hearing was not timely held, violating Wis. Stat. sec. 302.335(2)(b) (1999-2000) and his right to due process. We resolve these issues ...

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01-3055 In the Matter of: Qualitech Steel Corporation

“Perhaps the authorization of dip financing and the associated use of preference- recovery proceeds for ‘adequate security’ was imprudent; that some of the secured lenders refused to advance any more funds, even with super-security, suggests as much. (Though the fact ...

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01-0758 State v. Campbell

We agree with Campbell that the Ohio forgery statute is broader than Wisconsin’s, and that looking solely at the language of the Ohio statute would be insufficient to prove that Campbell was guilty of possessing a firearm as a felon. ...

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01-0639 State ex rel. Hampton v. Schwarz

Corey J. Hampton, pro se, appeals from the circuit court order affirming his probation revocation. He argues: (1) that his due process rights were repeatedly violated; (2) that the Administrative Law Judge (ALJ) erroneously exercised discretion by allowing the introduction ...

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01-0612 State v. Edwards

In State v. Flowers, 221 Wis.2d 20 (Ct. App. 1998), “the State failed to offer any evidence to prove that the defendant’s prior conviction fell within the five-year time limit of Wis. Stat. § 939.62. Thus, the State failed to ...

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00-3554-CR State v. Molzahn

Andrew Molzahn appeals from a judgment convicting him of first-degree reckless homicide with the use of a dangerous weapon. Molzahn also appeals from the trial court’s order denying his motion for postconviction relief. He argues that there was insufficient evidence ...

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00-2949 Kalan v. City of St. Francis

“[W]e have held that when a new party intervenes in a case proceeding before a magistrate judge by consent of the original parties, ‘[u]nless the latecomer, too, consents, the whole proceeding before the magistrate judge may be set at naught.’ ...

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01-1118 State v. Herman

Defendant maintained that suspension of his license was not warranted because he was not driving at the time of his offense and he needs his car for employment, further arguing that the court had discretion to suspend his license for ...

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01-1163-CR State v. Lowe

Mark Lowe appeals a judgment convicting him of several drug offenses. Lowe argues that because the arresting officer lacked probable cause to believe a crime had been committed, the trial court erroneously denied his suppression motion. Therefore, Lowe contends that ...

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01-2019-FT Strand v. Auto-Owners Insurance Company

Ron and Sandra Strand appeal a summary judgment dismissing their claims against their insurer, Auto-Owners Insurance Company. The Strands argue that they did not need to replace personal property in order to obtain the benefit of replacement cost coverage under ...

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01-1015 Rivera v. Grossinger Autoplex Inc.

“After reviewing the Addendum in its entirety, we are persuaded that a reasonable person could and would have readily perceived that acceptance of the GAP coverage offered by Grossinger was voluntary. The Addendum labels its provisions and uses capitalization to ...

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00-1834 Howard v. City of Springfield

“[I]f the City were able to use premium payments in the manner contemplated by the district court, the City would be the recipient of the windfall, and in fact would be placed in a substantially better position than if it ...

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00-2386-CR State v. Mora

Benjamin Mora appeals from a judgment convicting him of first-degree reckless homicide, two counts of first-degree recklessly endangering safety, and three counts of discharging a firearm from a vehicle. On appeal, he argues that the circuit court should have suppressed ...

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