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Case Digests

01-0689-CR State v. Tinder

William L. Tinder appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant. He suggests that the circuit court erred in denying his motions to suppress evidence of his blood alcohol content. For the following reasons, we affirm. This opinion will not be published. Dist IV, Rock County, Dillon, J., Lundsten, J. Attorneys: ...

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01-1129 In Re: Incorporation of a Portion of the Town of Sheboygan v. City of Sheboygan

“We will not hold that the legislature intended to proscribe the circuit court from making this finding. In fact, we believe that the circuit court, in making this finding and in referring the ‘same or substantially the same territory’ finding to the DOA, enabled the incorporation process to continue in an orderly manner while ensuring that minimum standards were followed. ...

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01-0955 State v. Dodski

Deborah Dodski appeals her judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), first offense. Dodski argues that the warrantless draw of her blood for noncriminal OWI violates the Fourth Amendment. We reject Dodski’s argument and affirm. This opinion will not be published. Dist III, Vilas County, Mohr, J., Peterson, J. Attorneys: For ...

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00-2308 City of Milwaukee v. Burnett, et al.

However, we also agree with defendants that portions of the injunction are impermissibly vague. “Twenty-five foot restriction. Appellants also challenge the provision of the injunction that prohibits them from ‘[s]tanding, sitting, walking, driving, gathering or appearing anywhere in public view within 25 (twenty-five) feet of any other [person subject to the injunction] engaged in any of the [activities proscribed by ...

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01-0598-CR State v. Peterson

Patrick Peterson appeals from a judgment of conviction for first-degree intentional homicide and hiding a corpse, and from an order denying postconviction relief. Peterson asserts that he should be allowed to withdraw his guilty plea to the homicide charge because he did not know that the circuit court had the authority to establish his parole eligibility date or to deny ...

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01-0222 State v. VanLaarhoven

“In addition to VanLaarhoven’s implied consent to a chemical analysis of his breath, blood or urine, he was given the information in the Informing the Accused form twice-once before a breath sample was attempted and again before the blood sample was taken. Both times, after having been read the Informing the Accused form, VanLaarhoven voluntarily submitted to the testing procedure. ...

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00-3378 Grandaw v. Schwarz

Peter Grandaw appeals from a circuit court order affirming his parole revocation. Grandaw, whose parole was revoked because he sexually assaulted two women, seeks a new revocation hearing on grounds that he was denied due process at the hearing because (1) the administrative law judge (ALJ) required Grandaw to sit next to her, making private communication between Grandaw and his ...

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00-2803 State v. McAttee

“Second, for purposes of probable cause to arrest, the police were entitled to rely on information from a known and reliable informant without independently determining the reliability of the informant’s source or the source’s information. …McAttee cites no authority requiring police to gain additional information, corroborating that received from a reliable informant, before making an arrest. Here, clearly, the information ...

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01-0510-CR State v. Rayford

Mark Rayford appeals the judgment of conviction entered after Rayford entered Alford no contest pleas to one count of first-degree reckless injury and one count of attempted homicide. Rayford argues that the trial court erred in denying his motion to suppress his statement given to the police, which occurred after he was formally charged with two counts of attempted homicide, ...

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01-0527 Hutchinson v. Buckley

Spencer Hutchinson appeals from a judgment dismissing his action and ordering him to pay $23,031 in attorney’s fees as a sanction for his egregious conduct in violating discovery orders. Hutchinson argues that the trial court erred in: (1) finding that his discovery response was insufficient and ordering further production; (2) attributing two years of egregious conduct and bad faith to ...

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01-1375-CR State v. Baskin

William F. Baskin appeals from a judgment, entered on his guilty pleas, convicting him of unlawfully carrying a concealed weapon and possession of tetrahydrocannabinols. He challenges the trial court’s denial of his suppression motion. We reverse. This opinion will not be published. Dist I, Milwaukee County, McMahon, J., Fine, J. Attorneys: For Appellant: Andrea Taylor Cornwall, Milwaukee For Respondent: Thomas ...

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00-3332 Thomson v. United Water Services Milwaukee, LLC, et al.

James C. Thomson appeals from the grant of summary judgment awarded to United Water Services Milwaukee LLC, and United Water Resources Inc. (collectively, UW), dismissing his breach of contract action. Thomson contends that the circuit court erred in granting summary judgment where genuine issues of material fact remained in dispute and in denying his motion to compel discovery. Thomson claims ...

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01-0806-CR State v. Norem

Rick Norem appeals from an order denying his motion for sentence modification. Norem argues that the circuit court erred when it concluded that Norem failed to demonstrate the existence of a new factor that would allow the court to consider whether sentence modification is justified. At sentencing, the trial court explicitly indicated that it was sentencing Norem to ten years ...

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00-3456 In Re the Marriage of: Mogged v. Mogged

Otto Mogged III appeals an order vacating a previous maintenance determination and setting maintenance at $2,000 per month. Otto argues that the trial court erroneously exercised its discretion when it failed to apply the “extraordinary circumstances” test and failed to examine relevant factors. He further argues that the trial court erroneously ordered a retroactive increase. We reject his arguments and ...

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00-3859 Morgan v. Joint Administration Board, Retirement Plan of The Pillsbury Company, et al.

“Allowing former employees to complain about postemployment discrimination that does not involve retaliation would actually hurt them, in the same way that denying them protection against retaliation would hurt them: it would create perverse incentives. Since there is no legal requirement that employers offer disability benefits as part of their menus of fringe benefits, compelling employers who do to maintain ...

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00-2245 Ruege, et al. v. Dougherty, et al.

Ruth A. Ruege appeals from the judgment dismissing this action. Ruege argues on appeal that her informed consent cause of action should not have been dismissed by directed verdict and that the court improperly excluded certain testimony. Because we conclude that the court properly granted the motion for a directed verdict and excluded the testimony, we affirm. This opinion will ...

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00-3326 Bobbitt v. The Freeman Companies, et al.

“Bobbitt attempts to blame her untimely receipt of the right-to-sue notice on her ‘extensive travel schedule.’ Her argument is without merit. The notice was issued on Aug. 11, 1999. According to the very facts pleaded by Bobbitt, she did not begin her ‘extensive travel schedule’ until Sept. 13, 1999. This leaves 33 days, nearly five weeks, for which Bobbitt offers ...

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00-2491 Vis v. Cushman Inc., et al.

Jeffrey Vis appeals from a judgment dismissing his claim against Cushman, Inc. for injuries he sustained when the brakes failed on a motorized garbage cart manufactured by Cushman. Vis challenges the trial court’s failure to grant summary judgment as a sanction for Cushman’s failure to comply with the scheduling order and the failure to instruct the jury on industry custom. ...

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00-2961 U.S. v. Sherman

“The possession, receipt and shipping of child pornography directly victimizes the children portrayed by violating their right to privacy, and in particular violating their individual interest in avoiding the disclosure of personal matters. See Ferber, 458 U.S. at 759 n.10 (citing Whalen v. Roe, 429 U.S. 589 (1977)). In Ferber, the Supreme Court upheld a New York statute that prohibited ...

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01-0670-CR State v. Simpson

Don Simpson Jr. appeals from a judgment convicting him of two counts of delivering cocaine base within one thousand feet of a school as a repeater. He challenges three evidentiary decisions and the trial court’s jury instructions. We affirm. This opinion will not be published. Dist IV, La Crosse County, Montabon, J., Per Curiam Attorneys: For Appellant: Jeffrey A. Reitz, ...

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01-1375 U.S. v. Tolar

“Businesses such as C&I’s lot that can be observed by anyone passing on the street lack any comparable privacy interest. An open gate invites entry, and a chain-link fence does little to assert a privacy interest (as opposed to a property interest) in details visible from outside the fence. Agents would have needed cause, and perhaps a warrant or equivalent ...

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99-3000-CR State v. Sanchez-Diaz

Ramon Sanchez-Diaz, pro se, appeals from a judgment convicting him of first-degree intentional homicide and second-degree sexual assault. He also appeals from the trial court’s order denying his motion for a new trial. He argues: (1) that the trial court improperly admitted “other acts” evidence at trial; (2) that the State withheld exculpatory evidence from the defense; and (3) that ...

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01-1597 U.S. v. Peterson

“Nothing in sec.3663A(a)(3) prescribes how a defendant may exercise the option to make restitution to persons other than the victims of the crimes of conviction. Peterson believes that this open-endedness, combined with the Rule of Lenity, equals a requirement that the victims and amounts be written into the plea agreement. This seems backward. Why would the lack of detail in ...

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00-3100-CR State v. Nett

Daniel K. Nett appeals from the judgment of conviction entered against him. He argues on appeal that the trial court improperly allowed the introduction of other acts evidence. Because we conclude that the evidence was properly admitted, we affirm. This opinion will not be published. Dist II, Calumet County, Poppy, J., Per Curiam Attorneys: For Appellant: Michael G. Artery, Delavan ...

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01-0019 In Re the Marriage of: Gouty-Yellow v. Yellow

Francis Yellow appeals from an order modifying his child support payments to his ex-wife, Tina Gouty-Yellow, in response to a motion by the State of Wisconsin. He claims the State failed to meet its evidentiary burden of showing a substantial change of circumstances since entry of the prior order, and that, even assuming there was sufficient evidence from which a ...

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01-0823-FT Fox v. Larson d/b/a Town & Country Concrete

Daniel Larson appeals from a default judgment entered against him in favor of Brenda and Kary Fox. Larson claims the trial court erred in concluding that a letter he had written in response to the complaint was insufficient to join issue and erroneously exercised its discretion in subsequently refusing to reopen the matter on the grounds of excusable neglect. We ...

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01-0671 In the Matter of the Refusal of Milton A. Bumpers: State v. Bumpers

Milton Bumpers appeals an order revoking his operating privilege for failing to submit to chemical testing as required under Wis. Stat. sec. 343.305. Bumpers contends that his response when the arresting officer asked him to submit to an evidentiary chemical test of his breath was not a refusal, and that he should have been instructed by the officer that he ...

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00-4180 U.S. v. Lane

“Physical control over a gun is remarkably easy to effect. Once the gun is in the defendant’s hands he need only pull the trigger, an act which can be completed in a split second and which is controlled and influenced by nothing more than the defendant’s whim. Lane protests that the circumstances surrounding his inspection of the gun show that ...

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01-0402 Celebration Excursions Inc. v. Azar

Marsha Azar appeals from a judgment and an order entered after the trial court granted Celebration Excursions, Inc.’s motion for default judgment. Azar contends the trial court erred because: (1) the complaint was insufficient to support the default judgment; and (2) Azar’s failure to timely file an answer was a result of excusable neglect. Because the complaint was sufficient to ...

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00-3446-CR State v. Myartt

Larry Woodrow Myartt appeals from a judgment entered after a jury found him guilty of one count of robbery with use of force. He claims that the trial court erred when it denied his motion to suppress based on an illegal stop, and the trial court erred when it denied his motion for a mistrial based on a dissenting juror. ...

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