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Case Digests

99-2948-CR State v. Tate

Gary Tate appeals from a judgment of conviction of repeated sexual assault of the same child, and from an order denying his motion for postconviction relief. In addition to challenging the constitutionality of sec. 948.025 as applied, Tate argues that ...

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00-3197-CR State v. Cantwell

Brian W. Cantwell appeals from a judgment convicting him of theft, and from an order denying postconviction relief. His original judgment of conviction contained a sentencing provision the trial court subsequently clarified. The issue is whether the clarification actually increased ...

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00-4169 Pugh v. City of Attica

“Pugh fails to show that the City’s proffered reason for his discharge is unworthy of credence. It is insufficient for Mr. Pugh simply to assert that he did not misappropriate funds and that the City’s belief was mistaken without offering ...

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01-0287-FT In Re the Marriage of: Camden v. Camden

Jerry Alan and Virginia Camden were divorced after 19 years of marriage. On appeal, Virginia challenges the property division and maintenance award. We affirm the trial court’s property division, but reverse the maintenance award and remand for further proceedings consistent ...

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00-2813 Winfrey v. City of Chicago

“Winfrey also indicated a desire to occupy the position of dispatcher, and – because he was never given a chance to explore this position – he claims the City failed to engage in good faith in an interactive process designed ...

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00-1310 In Re the Marriage of: Glunz v. Sokol

Laura A. Sokol appeals from the judgment of divorce entered following divorce proceedings between her and Michael J. Glunz. Sokol challenges two property division rulings of the trial court. First, she claims that the trial court erroneously exercised its discretion ...

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00-2398 In Re the Marriage of Becvar v. Becvar

In this postdivorce judgment proceeding, Paula Becvar appeals an order denying her motion to move with her children to Minnesota. She claims that the court relied on inappropriate factors and that the children’s father, Charles Becvar, failed to demonstrate that ...

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00-1208 Roberts v. Wolf, et al.

Tecwyn Roberts, Sara H. Roberts and Elizabeth M. Halkerston (collectively, the Robertses) sued John J. Wolf and Linda Wolf alleging intentional trespass to land, injury to real property, unlawful cutting of timber and interference with or declaration of interest in ...

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00-2944 U.S. v. Schaffner

“The photograph at issue in this case actually traveled across state lines. As in Bell, where the movement of a weapon across state lines satisfied the commerce element of the statute, the interstate movement of the photograph provides a sufficient ...

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00-1513 U.S. v. Green

“In United States v. West, 670 F.2d 675, 687 (7th Cir. 1982), we interpreted Rule 801(d) (1)(B)’s requirement of cross-examination to mean that the out-of-court statement must be elicited through the declarant, and not through a third party to whom ...

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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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00-3640 U.S. v. Palomino-Rivera

“Mr. Palomino-Rivera submits that he presents an atypical case that was not adequately considered by the Sentencing Commission. … The district court agreed and, in granting the downward departure, explained that it did not ‘think this kind of a borderline ...

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01-0329-CR State v. Van Beek

Joseph Van Beek appeals a judgment of conviction for receiving stolen property. Van Beek claims the trial court erred by denying his motion to suppress evidence. We disagree and affirm. This opinion will not be published. Dist III, Brown County, ...

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00-2428-CR State v. Calhoun

Raphael C. Calhoun appeals his conviction for possession of cocaine, second or subsequent offense, following a jury trial. He argues: (1) that the trial court erred in denying his motion to strike testimony of a police officer who allegedly violated ...

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00-1879-CR State v. Howell

Frederick L. Howell appeals from the judgment of conviction entered after he pled guilty to one count of felon in possession of a firearm. Pursuant to Wis. Stat. sec. 971.31(10), Howell argues that the trial court erred in denying his ...

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99-2030 Harding v. Kumar

Accordingly, the trial court’s attempt to start the appeal-clock anew via its June 16, 1999, decision was a nullity, as was the July 28, 1999 judgment entered thereon. Accordingly, we dismiss as moot the appeal by BSTV, Chicago Insurance and ...

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00-3117-CR State v. Spencer

Antonio Spencer appeals the judgment convicting him of carrying a concealed weapon while masked, as party to a crime; disorderly conduct while armed and masked, as party to a crime, and obstructing an officer while masked, as party to a ...

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