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Case Digests

01-0330-FT Walsh Apartments LLC v. Mac-Gray Co. Inc.

Mac-Gray Co. Inc. appeals an order which granted Walsh Apartments LLC, a writ of restitution evicting Mac-Gray from its occupancy of the laundry rooms in Walsh’s apartment complex. Mac-Gray had leased the laundry rooms from the former owner of the apartments, and it claims the trial court erred in restoring the premises to Walsh because Walsh became bound on the ...

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99-3789 Stutler v. Illinois Department of Corrections

“Taking the facts in the light most favorable to Stutler, we conclude that no reasonable jury could find that the conduct endured by Stutler was severe enough to rise to the level of an adverse employment action. Rockett’s conduct after Stutler reported her in May 1996 consisted of: 1) sending an e-mail … characterizing Stutler’s behavior as ‘bizarre’ and stating ...

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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 findings on negligence and the apportionment of negligence were the result of passion, prejudice and perversity, and were erroneous as ...

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99-2710 Frazier v. Delco Electronics Corporation

“[T]here is no evidence that Spears had a sexual or romantic interest in Frazier, though that is possible. But many cases of sexual harassment involve hostility to female coworkers because they are female. Sometimes it is because the men feel that their macho workplace has been ‘invaded’ by women, whose presence damages the self-esteem that the men derive from thinking ...

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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 to counsel at the preliminary hearing; and (2) his trial counsel was ineffective. Because Booth waived his right to object ...

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00-2603 Alexander v. Wisconsin Department of Health and Family Services, et al.

“Alexander has presented no evidence from which it can be inferred that the defendants’ stated reason for his termination was a pretext for discrimination. Gruchow explained to Moritz that despite the fact that he had been careful not to relay any of the specific details of the alleged gesture to Alexander when he spoke with him on October 24, Alexander ...

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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 that the plea agreement was unconstitutional. We affirm the postconviction order. This opinion will not be published. Dist II, Racine ...

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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 a section 2255 motion shall nevertheless be deemed one if it could have been so labeled accurately. This is a ...

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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 denying him relief on a claim of newly discovered evidence. We affirm. This opinion will not be published. Dist I, ...

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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 to the deprivation of a fair trial. See Sheppard v. Maxwell, 384 U.S. 333 (1966). Sheppard, like Estes and Rideau, ...

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00-1868 In Re: the Marriage of Sandra Lynn Modrow v. Kim Modrow

Although a husband’s incarceration may be considered in determining child support obligations, the trial court appropriately observed that the husband’s incarceration was the result of his voluntary choice to operate a motor vehicle while intoxicated despite four previous OWI arrests, and the court noted that if the husband was unsuccessful in obtaining employment, he could petition the court for modification. ...

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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 trial court properly exercised its discretion in limiting questioning by Obriecht’s counsel during jury selection. We conclude that the trial ...

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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 stating that counsel resorted to a government conspiracy argument despite the earlier promise. This response went to the credibility of ...

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00-1913 In Re: the Annexation of the Smith Property v. City of LaCrosse

The property of the city meets the annexed properties at the center of the riverbed of the Black River and the annexed properties are, therefore, “contiguous” to the city within the meaning of Wis. Stat. sec. 66.021(2). “We find no authority for the proposition that a river running over the point of contact renders properties non-contiguous, and there is nothing ...

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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 court misused its discretion in sentencing Applebee. We affirm. This opinion will not be published. Dist IV, Crawford County, Kirchman, ...

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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 not sure it was a fault, or at least a serious, a fatal, fault, because if he had dwelled on ...

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00-2861 Osborn and Center for Equal Opportunity v. Board of Regents of the University of Wisconsin System

This is so because the records sought are “educational records” within the meaning of the Family Educational Rights and Privacy Act (20 U.S.C. sec. 1232g) and are subject to privacy limitations. Further, even if FERPA were not to provide a specific statutory exemption for the nondisclosure of non-enrollees’ education records submitted in the application process, as well as enrollees’ education ...

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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 Wisconsin probation violation warrant was also filed against him in Texas. We conclude that the record is insufficient to make ...

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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 always be able to extract all the favorable evidence a defense witness possesses. Sometimes, a defense witness may be uncooperative ...

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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 to retain a right to control the details of their work, Maney-Miller had contracts with several towns and had limited ...

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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 one theory that is fully developed is not susceptible of appellate determination because the trial court did not make necessary ...

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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 overtly violate the terms of the plea agreement (because it did agree with the two-level reduction for acceptance of responsibility), ...

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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 matter if the jury finds him mentally responsible; (2) there is always the potential for a plea withdrawal; and (3) ...

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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. 968.24. Affirmed. This opinion will not be published. Dist II, Calumet County, Poppy, J., Nettesheim, P.J. Attorneys: For Appellant: Chad ...

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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 to Tulley’s conviction. Therefore, we conclude that the circuit court’s in camera interview of three prospective jurors, though error, was ...

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01-0578-CR State v. Yench

Leroy A. Yench appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Yench pled guilty to the charge following the trial court’s denial of his motion to suppress evidence of a blood test obtained pursuant to the Implied Consent Law. On appeal, Yench contends that the arresting officer did not exercise “reasonable diligence” ...

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00-2916 State v. Davis

“Therefore, we reverse the order of the trial court denying the State’s motion to compel Glenn E. Davis to submit to a reciprocal psychological examination and remand to the trial court to conduct further proceedings consistent with this opinion. … “A defendant who intends to present Richard A.P. [See, State v. Richard A.P., 223 Wis.2d 777 (Ct. App. 1988)] evidence ...

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00-2914 State v. Krause

James D. Krause appeals pro se from an order denying his postconviction motions for sentence modification and for a restitution hearing. Krause argues that the trial court failed to articulate adequate grounds for denying the motions without a hearing. We agree and reverse the order and remand for further proceedings. This opinion will not be published. Dist II, Walworth County, ...

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00-1825 Bicknese v. Sutula, et al.

Alma Bicknese appeals from a postverdict judgment dismissing her claims against Thomas Sutula for promissory estoppel and intentional misrepresentation. After the jury found in favor of Bicknese on the estoppel claim, the trial court entered judgment notwithstanding the verdict and dismissed Bicknese’s claims, agreeing with Sutula that he was immune from personal liability as a public employee. Bicknese argues that ...

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00-2783 State v. Ward

Jeffrey Ward appeals an order denying his Wis. Stat. sec. 974.06 (1999-2000) postconviction motion in which he alleged that his 12-year sentence was excessive and his postconviction counsel was ineffective for not challenging the sentence. Because the trial court properly exercised its sentencing discretion and Ward can establish neither deficient performance nor prejudice from his counsel’s failure to challenge the ...

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