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Case Digests

00-3148-CR State v. Zei

Matthew Zei appeals a judgment convicting him of theft by a contractor and an order denying his postconviction motion. Zei argues that his trial counsel was ineffective because he urged Zei not to testify and that this court should grant a new trial in the interest of justice because the true controversy was not fully tried due to his failure ...

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01-1471 Cook v. Commissioner of the Internal Revenue Service

“When we examine the terms of the Cooks’ respective GRATs, we also agree that the spousal interests contained in each are not ‘qualified interests’ under section 2702. First and foremost, the interests are contingent. Under both the 1993 and 1995 GRATs, a spouse is entitled to income only if: (1) the spouse survived the grantor and; (2) the spouse and ...

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00-2476 Gasper, a minor v. Parbs

“Wisconsin Stat. sec. 174.02(1)(b) provides double damages when the owner of an injury-causing dog was ‘notified or knew that the dog previously injured or caused injury to a person, livestock or property.’ This language is plain and unambiguous. If construed literally, it imposes double damages on the owner of an injury-causing dog whenever the owner has notice that his or ...

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00-3418-CR State v. White

Jeffrey White appeals from the judgment of conviction entered against him. The issue on appeal is whether White should have been allowed to withdraw his plea prior to sentencing. Because we conclude that the circuit court properly denied White’s motion to withdraw his plea, we affirm. This opinion will not be published. Dist II, Racine County, Flynn, J., Per Curiam ...

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00-3943, 01-1040 Cooper v. Eagle River Memorial Hospital Inc.

“The administrative code provisions at issue here are clearly regulatory in nature and do not reveal the clear and unambiguous language necessary to impose civil liability. Number 8.10 (2) is part of a larger chapter governing the certification of advanced practice nurses. Similarly, while Section 124.24 requires hospitals to maintain written policies, failure to comply with the provision allows the ...

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00-3551 Anhalt et al. v. Cities and Villages Mutual Insurance Co., et al.

And, even though easements drafted by the city in 1988, which provided the city with rights of access across plaintiffs’ land to construct a storm sewer, stated that “it is understood … that the city shall be responsible for any wrongful or negligent act or omission of the city…,” we reject the plaintiffs’ contention that this provision constituted a waiver ...

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01-0480-CR State v. Minniecheske

Donald Minniecheske appeals pro se from an order denying his Wis. Stat. sec. 974.06 motion seeking postconviction relief. Because Minniecheske failed to provide a sufficient reason explaining why he did not raise the issues in his original postconviction motion or his previous sec. 974.06 motion, we conclude that Minniecheske’s claims are procedurally barred by sec. 974.06(4) and State v. Escalona-Naranjo, ...

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00-1955 Dhillon v. Crown Controls Corporation, et al.

“We could identify a number of problems with the testimony these witnesses were prepared to offer, but the most glaring among them is the lack of testing, or more generally the failure to take any steps that would show professional rigor in the assessment of the alternative designs (or, as the amended rule puts it, that the testimony is ‘the ...

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01-0233 Gallagher v. Grant-Lafayette Electric Cooperative

“Because the court erroneously excluded evidence of trespass and damages within the right-of-way, and that exclusion was the basis for the dismissal of the Gallaghers’ claims for damages within the right-of-way, we are satisfied that the proper course is to reverse the dismissal of those claims and remand for trial on the Gallaghers’ claims for trespass and negligence, which will ...

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01-0331-CR, 01-1405-CR State v. Johnson

Sarah Johnson appeals from a judgment convicting her of first-degree intentional homicide, party to a crime, and an order denying her postconviction relief. The trial court sentenced her to life in prison with a parole eligibility date twenty-eight years from the date of conviction. She argues that the trial court erroneously determined that she breached her plea agreement and, as ...

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01-2097 U.S. v. Rogers

“The Anarchist’s Cookbook also was introduced at trial. The prosecutor treated its title as significant and read the jury some passages in addition to those about building silencers. Rogers’s trial lawyer did not object, but on appeal Rogers contends that this use was plain error. In some respects error occurred: The book’s title may have been distracting (and was misleading: ...

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00-3257 State v. Vanmanivong

However, we affirm the three convictions which were unrelated to the informants’ identification. “The trial court had no authority under sec. 905.10(3)(b) to seek, ex parte, additional clarification from law enforcement. When the trial court found that the affidavits were unsatisfactory or insufficient to resolve the issue at hand, the next step under sec. 905.10(3)(b) would have been to conduct ...

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00-1637-CR State v. Bledsoe

Otis B. Bledsoe has appealed from a judgment convicting him after a jury trial of attempted first-degree intentional homicide by use of a dangerous weapon. He was also convicted of burglary and injury by intoxicated use of a motor vehicle. In addition to appealing from his judgment of conviction, Bledsoe has appealed from orders denying postconviction relief. We affirm the ...

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00-3002 U.S. v. Hare

“Hare promised not to appeal, and he broke that promise. Defendants can obtain concessions in exchange for their promises in plea agreements only if those promises are credible. A defendant such as Hare who promises not to appeal, and then appeals anyway (requiring the United States to invest in the appeal the prosecutorial resources it sought to conserve), injures other ...

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00-3070 State v. Lopez

“Where the defendant has shown a prima facie violation of Wis. Stat. sec. 971.08(1)(a) or other mandatory duties and alleges that he or she in fact did not know or understand the information which should have been provided at the plea hearing, the burden will then shift to the State to show by clear and convincing evidence that the defendant’s ...

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00-2723-CR State v. Williams

Jimmy Williams appeals from judgments convicting him of forgery and theft, as a party to the crime, and two misdemeanors. He also appeals from an order denying postconviction relief. The convictions followed a jury’s guilty verdicts. The issues are whether the trial court erred by refusing to order scientific tests on certain physical evidence; whether Williams received effective assistance from ...

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00-2495, 00-2701 U.S. v. Elem

“In this case, the inconsistencies between Anderson’s grand jury testimony and his trial testimony do not undermine the legitimacy of the jury’s verdict for several reasons. First, the main purpose of Anderson’s testimony at trial was to identify Jennings and Elem as his accomplices. While Anderson may have mistaken minor details, nothing in Anderson’s grand jury testimony weakens his identification ...

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00-3122 In Re: the Commitment of Isaac H. Williams

We reject petitioners’ equal protection arguments – that they are being treated more harshly having been committed under ch. 980 as sexually violent persons than those committed under ch. 51 because: (1) commitment under ch. 51 is permitted for many reasons that do not implicate danger to others, while commitment under ch. 980 requires proof of a significant danger to ...

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01-0739 In the Matter of the Refusal of Darrell J. Shearer: State v. Shearer

Darrell Shearer appeals an order revoking his operating privilege for refusing to submit to a chemical test of his blood alcohol concentration under Wis. Stat. sec. 343.305. He claims the trial court erred in concluding that the arresting officer had probable cause to arrest him for operating a motor vehicle while under the influence of an intoxicant (OMVWI) before requesting ...

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99-4251 U.S. v. Danser

“A term of supervised release begins on the day an individual is released from incarceration. 18 U.S.C. sec. 3624(e). The term of any supervised release ‘runs concurrently with any Federal, State, or local term of probation or supervised release or parole for another offense to which the person is subject during the supervised release.’ Id. The Sentencing Guidelines also provide ...

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01-0676 Greene v. Greene, et al.

Richard Greene appeals from a circuit court order dismissing his complaint against Allan S. Greene on grounds of claim preclusion. We affirm the circuit court’s ruling on a narrower ground. We hold that the circuit court properly exercised its discretion to decline jurisdiction in this case because Richard was concurrently seeking relief from the prior judgment of dismissal in that ...

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01-0259 In the Matter of the Refusal of James M. Stratton: State v. Stratton

James Stratton appeals the circuit court’s order denying his motion to vacate the Feb. 10, 1997 order suspending his operating privilege. He contends the court erroneously exercised its discretion in denying the motion. We disagree and affirm. This opinion will not be published. Dist IV, Waushara County, Murach, J., Vergeront, P.J. Attorneys: For Appellant: James M. Stratton, Oshkosh; Paul G. ...

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01-1569 U.S. v. Shepard

“Both sec.3663A and its predecessor sec.3663 have been understood to require restitution only for direct losses and not for consequential damages and the other effects that may ripple through the economy. See, e.g., United States v. Arvanitis, 902 F.2d 489, 497 (7th Cir. 1990) (restitution is limited to the property subject to the offense and therefore excludes consequential losses such ...

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00-2089, 00-2796 In the Matter of the Attorneys Fees in Paustenbach, et al. v. Vishnevsky

Fourteen real estate partnerships and their six individual general partners (hereafter referred to as Vishnevsky) appeal from a judgment declaring how attorney fees will be determined in this class action and from an order imposing a $437,000 sanction for delay in implementing the settlement agreement. We conclude that the circuit court properly exercised its discretion in selecting the percentage of ...

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01-1334 City of Oconomowoc v. Verburgt

In this appeal, Christopher E. Verburgt raises several challenges to his conviction for drunk driving. First, he asserts that the videotape of the traffic stop does not demonstrate an observable basis for the suspicion that he was under the influence of alcohol and that the arresting officer’s conclusion that there was probable cause is faulty. Second, he asserts that there ...

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01-1564 U.S. v. Monteiro

“Mr. Monteiro cannot point to any specific abuse that might ensue from this special condition. In the absence of a more concrete objection on his part, we cannot say that the district court abused its discretion in allowing any law enforcement officers to conduct a search of Mr. Monteiro. “Determining the propriety of the special condition’s authorization of warrantless seizure ...

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01-0482 Marlin Easttown L.L.C., et al. v. Shopko Stores Inc., et al.

Shopko Stores Inc. appeals and Marlin Easttown Mall L.L.C. cross-appeals from a summary judgment involving a Reciprocal Easement Agreement and a Pylon Sign Agreement. The circuit court granted summary judgment to Marlin after determining that the easement agreement restricted the placement of Shopko’s lawn and garden center to one specified location in Shopko’s parking lot, and that Marlin was permitted ...

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00-3514-CR State v. Taylor

Everton Taylor appeals from the judgment of conviction for possession of marijuana with intent to deliver, as a party to a crime, following a jury trial. He argues that the trial court erred in denying his suppression motion because: (1) there was not probable cause for his warrantless arrest; and (2) testimony in support of the application for a warrant ...

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00-3056 Ocasio v. Froedtert Memorial Lutheran Hospital

Further, plaintiff’s filing of an amended complaint after expiration of the mediation period did not rectify the problem because an action never properly commenced cannot be amended. “Ocasio contends that the requirement of Wis. Stat. sec. 655.44(5) is merely directory, and, therefore, the circuit court did not lose competency to proceed when her action was prematurely filed before expiration of ...

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01-0399-CR State v. Lewis

Edward D. Lewis appeals from a judgment of conviction and sentence after he pled guilty to possession of a firearm by a felon. He also appeals from an order denying his postconviction motion to modify his sentence. Lewis claims: (1) the trial court erred in denying his motion to suppress a firearm found in a car during a traffic stop; ...

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