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Case Digests

00-3390-CR State v. Ortiz

“While we recognize that the police were the agents of the city, the fact remains that it was the police, not the city, who were the direct and actual victims of Ortiz’s crimes. Ortiz did not threaten to injure the city – he threatened to injure the police officers. Ortiz did not fail to comply with an attempt by the ...

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01-0733-CR, 01-0734-CR State v. Highman

Thomas Highman appeals two judgments of conviction, one for operating a motor vehicle after revocation, fifth offense, and one for operating a motor vehicle while intoxicated, sixth offense, and the orders denying his motions for postconviction relief. He contends that his right to a speedy trial was violated, and he therefore is entitled to a reversal of the judgments of ...

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00-2924 Watertronics Inc. v. Flanagan's Inc.

Watertronics Inc. appeals from a judgment entered after the trial court granted Flanagan’s Inc.’s motion to dismiss based on lack of personal jurisdiction. Watertronics claims that the trial court erred as a matter of law in concluding that it did not have personal jurisdiction over Flanagan’s under Wisconsin’s long-arm statute, Wis. Stat. sec. 801.05 (1999-2000). Because personal jurisdiction over Flanagan’s ...

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01-0928-CR State v. Fetzner

Thomas Fetzner appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence because the citizen informant’s tip did not give the police reasonable suspicion to stop Fetzner. We disagree and affirm the conviction. This opinion will not ...

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01-0160 Roth v. LaFarge School District Board of Canvassers

“There is no indication in the record, nor do either of the respondents allege, that the number of ballots in this . Wisconsin Stat. secs. 5.54, 6.80(2)(d), and 7.50(2) do not suggest otherwise. Sections referendum exceeded the number of voters at any stage of the initial tallying or the recount. Therefore, under Wis. Stat. sec. 9.01(1)(b)4, the board improperly excluded ...

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00-2499-CR State v. Rachal

Billy Rachal appeals from a judgment convicting him of second-degree reckless injury, and from an order denying postconviction relief. The issues are whether the jury heard sufficient evidence to find him guilty, whether the trial erroneously excluded certain testimony, and whether the court imposed an excessive sentence. We affirm on all three issues. This opinion will not be published. Dist ...

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00-3631 Berry v. Delta Airlines, Inc.

“Title VII does proscribe gender-based harassment even when it is not motivated by sexual desire, and it is true that ‘[c]ourts should avoid disaggregating a hostile work environment claim, dividing conduct into instances of sexually oriented conduct and instances of unequal treatment, then discounting the latter category of conduct,’ see O’Rourke, 235 F.3d at 730, thereby robbing instances of gender-based ...

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00-3134 State v. John Tomlinson, Jr.

“In determining whether a minor has actual authority to consent to the entry, two factors may guide the courts. The first factor is the age of the child because ‘as children grow older they … acquire discretion to admit … [persons] on their own authority.’ 3 Wayne R. LaFave, Search and Seizure, sec. 8.4(c), 773 (3d ed. 1996). In the ...

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00-2336-CR State v. Meyer

Kurt Meyer appeals a judgment convicting him of being party to the crimes of robbery with use of force, burglary, substantial battery with intent to do substantial harm, and disorderly conduct. Meyer claims the trial court improperly denied his request for a continuance to find a witness, and that the absence of the witness kept the real controversy from being ...

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00-2821 Yetman v. Garvey

“[T]he rigorous nature of the FAA’s exemption requirements is not pertinent at this juncture. Our inquiry is limited to examining whether the FAA has appropriately considered the evidence, and provided sufficient justifications for its decisions. We cannot say that the FAA has failed to take into account new advances in medical technology. The fact that the agency (1) commissioned the ...

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01-1174 In the Matter of the Mental Commitment of Laura J.M.: County of Waukesha v. Laura J.M.

Laura J.M. appeals from orders for involuntary medication and treatment. Laura contends that the trial court erred in concluding that she was incompetent to refuse medication. She claims that because the trial court found that she expressed knowledge of the disadvantages of medication, Waukesha County failed to prove by clear and convincing evidence that she was incapable of expressing an ...

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00-2576-CR State v. Walker

Roger S. Walker appeals from a judgment of conviction entered against him after a jury trial, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel. Because we conclude that Walker’s trial counsel was ineffective for failing to object to the admission of certain evidence and for failing ...

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01-1058 U.S. v. Elizalde-Adame

“Elizalde-Adame notes that at one point during the plea hearing the district court asked the Assistant United States Attorney (‘AUSA’), ‘is there a waiver of appellate rights?,’ and the AUSA responded, ‘[t]here is not, Your Honor.’ However, when read in context, it is clear that the district court was asking whether the plea agreement provided for a waiver of Elizalde-Adame’s ...

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01-0162 Hernandez v. Behrndt

Patrick Behrndt appeals from a judgment of the circuit court dismissing his demand for a trial de novo and awarding John and Gail Hernandez (the Hernandezes) attorney’s fees. Behrndt argues that the circuit court erred in dismissing his demand for trial because his Notice of Demand for Trial was timely filed. Furthermore, Behrndt argues that the circuit court erred when ...

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00-2884 State v. Gazic

Vlado Gazic appeals from the order denying his motion for relief under Wis. Stat. sec. 974.06 (1999-2000). The issue on appeal is whether Gazic received ineffective assistance of counsel. Because we conclude that he did not receive ineffective assistance of counsel, we affirm. This opinion will not be published. Dist II, Walworth County, Kenney, J., Per Curiam Attorneys: For Appellant: ...

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00-2803 U.S. v. Morris

“Morris has shown that an actual conflict of interest existed under the second test. Wasserman would seem to have a self-interest in protecting himself from a malpractice claim. However, Morris’s argument was predicated on Wasserman’s purportedly false advice. The judge was aware of this potential conflict… However, the judge did not inquire into or remedy the conflict. At the hearing, ...

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00-3118-CR, 00-3119-CR State v. Skibba

Anthony Skibba appeals from a series of judgments convicting him of three counts of causing bodily injury by operation of a motor vehicle under the influence of intoxicants and three counts of failing to perform a duty upon striking an occupied motor vehicle. He claims the evidence presented at trial was insufficient to support the convictions. We disagree and affirm ...

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00-2167 Valenzuela v. U.S.

“Valenzuela alleges that his counsel was deficient because he did not call an expert witness to refute the government’s contention that the controlled substances at issue were crack cocaine rather than powder cocaine or another form of cocaine base. At the sentencing hearing, Valenzuela’s attorney strenuously cross-examined the government’s witnesses to establish the limitations of the police officers’ ability to ...

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00-2615 In Re the Marriage of: Webb v. Webb

Andrew Webb appeals the judgment divorcing him from Nancy Webb. He claims that the trial court erred in its valuation of the marital estate and that it should have awarded him either maintenance or a larger portion of the marital estate. We disagree and affirm for the reasons discussed below. This opinion will not be published. Dist IV, Wood County, ...

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00-3043 U.S. v. Spiller

“The government presented evidence that Spiller wrote the ledgers and that they were kept in his own bedroom, where he also kept crack equipment and proceeds. A party’s own statements offered against him are considered admissions by a party-opponent, and, as such, are not hearsay and are admissible under Fed. R. Evid. 801(d) (2)(A). See United States v. Harvey, 117 ...

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00-2775 Ernie Von Schledorn Ltd. v. United Fire & Casualty Co.

Ernie Von Schledorn appeals from the trial court’s order granting summary judgment to United Fire & Casualty Company. Von Schledorn claims the trial court erroneously determined: (1) that its insurance claim was untimely; and (2) that United properly denied the claim because it was barred by an “inventory computation” exclusion in the policy. We affirm. This opinion will not be ...

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01-0929 In the Matter of the Refusal of Daniel R. Nehring: State v. Nehring

Defendant-appellant Daniel R. Nehring appeals an order, entered after a refusal hearing under Wisconsin’s implied consent law, which revoked his driver’s operating privileges for one year. Nehring was arrested on Aug. 11, 2000, after he drove his truck into a tree located near a parking area behind two residential duplexes. At the time of his arrest, Nehring admitted that he ...

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00-2609 U.S. v. Booker

“Booker is correct that the government’s chemical evaluations identified the drugs generally as cocaine base and not as a specific type of cocaine. But we are aware of only two substances that are classified as cocaine base: crack cocaine and unprocessed, raw cocaine. Significantly, the tests run on Booker’s drugs found non-naturally occurring chemical additives in the cocaine base, showing ...

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01-0755-FT, 01-0756-FT In the Interest of Jessica R.L., DeAnna M.L.: Green County Department of Human Services v. David L. and Mitzi L.

David L. and Mitzi L. challenge the validity of an order issued by the circuit court on Nov. 14, 2000, extending the County’s supervision of their daughters, Jessica L. and DeAnna L., and extending Jessica’s out-of-home placement with her grandmother. Because the delay in holding a fact-finding hearing on the County’s motion to extend the dispositional order was the result ...

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00-3221-CR, 00-3222-CR State v. Hood

Terrence Hood appeals from judgments convicting him on two armed robbery counts, three false imprisonment counts, and one count of auto theft. He also appeals from the order denying him postconviction relief. In exchange for certain concessions, Hood entered no contest pleas to the charges. The issue is whether the trial court erred in denying Hood’s postconviction motion to withdraw ...

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00-4072 WICOR, Inc. v. U.S.

“We cannot think of any fundamental or economic objection to the restatement proposed by the gas company, which would eliminate any difference in taxation between a utility’s being forced by the regulators to reduce its rates and its being forced to give its customers a credit in the same amount. Because of customer turnover, the people affected by the different ...

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01-0434 In the Interest of Jennifer N.K.: Winnebago County v. Kurt J.K.

Kurt J.K. appeals from a CHIPS dispositional order of the circuit court placing his daughter Jennifer N.K. with her maternal grandparents. Kurt’s arguments primarily focus on the sufficiency of the evidence justifying this placement. Kurt also argues that something more than the best interests of the child must justify placement of the child outside of the parental home. We disagree ...

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00-2068-CR State v. Giegler

Thomas Giegler appeals from a judgment of conviction on one count of burglary as a party to the crime and as a habitual criminal, and from an order denying his postconviction motion. The issues are whether his counsel was ineffective by not challenging the search warrant, and whether the trial court erred in its pretrial conclusion that there was probable ...

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