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Case Digests

00-3710 U.S. v. Viezca

“We agree with Viezca that there are similarities between this case and Duff. Portions of Count one of the indictment in this case were worded much like the indictment in Duff, as it charged Viezca, Mendoza, and Guerrero with having ...

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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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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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00-1953 State v. Robinson

Edrick Robinson appeals an order denying his motion for sentence credit. The issue is whether he is entitled to sentence credit for time spent confined in a Texas jail, on a pending Texas charge, while at the same time a ...

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98-3665 Boss v. Pierce

“We regard as untenable a broad rule that any information possessed by a defense witness must be considered available to the defense for Brady purposes. To begin with, it is simply not true that a reasonably diligent defense counsel will ...

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00-2633 Giffin v. Poetzl, et al.

Accordingly, where plaintiffs charged that the building inspectors negligently performed their inspections on plaintiffs’ new home construction, the trial court erred in ruling that the inspectors were town employees. Maney-Miller employees were independent contractors because the town did not attempt ...

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01-0602-CR State v. Tutor

George Tutor appeals a judgment convicting him of one count of possession of an untagged deer carcass, and an order denying his postconviction motion. Although Tutor alludes to several issues upon which he believes he is entitled to relief, the ...

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01-1729 U.S. v. Byrd

“Byrd argued that imposing a 12-month sentence would in essence deprive him of any benefit for acceptance of responsibility because 12 months was the maximum sentence he could have received by statute. “Byrd submits that although the government did not ...

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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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