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Case Digests

01-0423-CR State v. Baer

The State of Wisconsin appeals from an order suppressing all the evidence gathered after an investigative traffic stop following an anonymous cell phone call and dismissing the complaint against Deann K. Baer. We reverse the judgment of acquittal and the ...

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00-1478 Massey v. Helman

“Mr. Massey submits that there are no administrative remedies available to him because FCC Pekin’s grievance procedure cannot provide him with money damages, which is the only form of relief he seeks. The Supreme Court’s recent decision in Booth forecloses ...

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01-0237-CR State v. Cutsforth

Dean Cutsforth appeals a judgment convicting him of operating while intoxicated, second offense. He also appeals an order denying postconviction relief. He contends that his warrantless arrest violated his Fourth Amendment rights, requiring the suppression of all evidence taken incident ...

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00-4200 Michael v. St. Joseph County

“[T]he district court reached the right outcome regarding Michael’s First Amendment claim because Michael failed to set forth evidence that he engaged in protected speech. Indeed, there is no evidence in the record definitively establishing what he said to Linn. ...

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00-2692 Alexander v. City of Madison

“Increasing the property tax base, providing employment opportunities, and attracting tourists are all legitimate public purposes, and the City may constitutionally appropriate funds to accomplish these goals. [Citation] Here, Alexander has the burden to demonstrate that it is ‘clear and ...

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00-2910-CR State v. Mitchell

Kevin Mitchell appeals a judgment convicting him of failing to report to jail, and an order denying postconviction relief. Mitchell entered a guilty plea to the charge, and then moved to withdraw his plea before sentencing. The trial court denied ...

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98-4252 Outlaw v. Newkirk

“[W]e find that the defendants met their initial burden of production in moving for summary judgment. They submitted affidavits which represented that prisoners throwing matter or grabbing guards through the cuffports is a security threat and that the cuffport doors ...

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00-3292-CR State v. Douangmala

Sisakhone Douangmala appeals an order denying his motion to withdraw his no contest pleas on the ground that he did not understand the risk of deportation that arose from his pleas. In an earlier appeal, this court remanded the matter ...

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00-2078 Crabill v. Trans Union, L.L.C.

“[T]he pertinent judicial landscape has changed with the Supreme Court’s decision this past term in Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 121 S. Ct. 1835 (2001). Rejecting the ‘catalyst’ theory under ...

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00-3353 Muskevitsch-Otto v. Otto

“The trial court not only correctly emphasized intent but correctly included other factors in its instruction. The other factors the trial court instructed the jury to consider were Kyle’s frequency and duration of stays at the Tetting home, his personal ...

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00-2657-CR State v. Green

Knova K. Green appeals from the judgment of conviction entered following his guilty plea to one count of possession of cocaine with intent to deliver, and the order denying his postconviction motion seeking to withdraw his guilty plea. On appeal, ...

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01-2591 Dahler v. U.S.

“This distinction between challenges to events that are novel to the resentencing (and will be treated as initial collateral attacks) and events that predated the resentencing (and will be treated as successive collateral attacks) has been adopted by every other ...

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00-2650-CR State v. Novak

Timothy Novak appeals a set of judgments convicting him of one count of being party to the crime of arson, two counts of insurance fraud, and one count of false swearing, and also appeals an order denying his motion for ...

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00-3537 U.S. v. Williams

“Application Note 2 to sec. 3A1.1 (b)(1) … defines ‘vulnerable victim’ for purposes of the guidelines as a person (A) who is a victim of the offense of conviction and any conduct for which the defendant is accountable under sec. ...

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00-2800-CR State v. Gipson

The State appeals from a pretrial order suppressing the statements given to a police officer in a postpolygraph interview. The trial court ruled that the statements given by Anthony L. Gipson in the interview were so closely related to the ...

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00-3174 State v. Quinn

Eddie Lee Quinn appeals from an order denying his motion for an evidentiary hearing to establish that he is entitled to postconviction relief. Although Quinn concedes that he failed to raise on appeal the issues he is currently asserting, as ...

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01-0206-CR State v. Polk

Johnny D. Polk appeals from a judgment entered on no contest pleas to two counts of battery as a habitual criminal. Polk also appeals from an order denying his postconviction motion. Polk claims: (1) he received ineffective assistance of counsel ...

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00-2699 Rural Mutual Insurance Co. v. Welsh

“Rural argues that specific provisions of an insurance contract control over general provisions, a proposition with which, as a general rule of construction, we have no quarrel. However, we cannot agree that, absent an exclusionary reference over to the supplemental ...

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01-0489-CR State v. Dahl

Thomas Dahl appeals from a judgment of conviction and from an order denying his motion to suppress evidence. Dahl contends that Wis. Stat. sec. 343.305, Wisconsin’s Implied Consent Law, is unconstitutional under the Fourth Amendment to the United States Constitution, ...

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01-0183-CR State v. Wakershauser

Neil Wakershauser appeals a judgment of conviction and sentence for operating a motor vehicle while intoxicated (OWI) as a fourth offense. On appeal, he originally challenged the validity of both his second and third prior convictions, claiming that he did ...

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00-1947 Stephenson v. Universal Metrics, et al.

Accordingly, we reverse the trial court’s grant of summary judgment dismissing the claims against the company in connection with Kreuser’s failure to drive the employee home. However, we affirm the dismissal of plaintiff’s claims against the company based on respondeat ...

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