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Case Digests

99-2306 ABKA Limited Partnership v. DNR

"The DNR may allow individuals to place docks in the water for access and reasonable use of the water by issuing permits but may not allow the passing of title to the water... Navigable waters unquestionably belong to the people, and to allow private individuals to claim the dockominium slip space or the water within ... Subscribe Login Digital and ...

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00-2900, 01-0319 State v. Brycki

Steven W. Brycki appeals from a judgment entered on a jury verdict convicting him of driving with a prohibited blood-alcohol concentration, and from the trial court's order revoking his privilege to drive an automobile for two years as a consequence of Brycki's refusal to submit to a blood-alcohol test of his breath. He raises the ... Subscribe Login Digital and ...

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00-3073 State v. Giminski

"Even sliding inside Giminski's shoes, and even allowing for a father's extraordinarily strong urge to protect his child, we see absolutely nothing that established a basis for any reasonable belief justifying Giminski's conduct. He knew the lawfulness of the agents' seizure of the van. He knew that anything Elva might have been doing in attempting ... Subscribe Login Digital and ...

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01-0054-CR State v. Senn

LeRoy Senn appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, third offense. Senn argues that: (1) the trial court erred by denying Senn's motion to dismiss at the conclusion of the State's case; and (2) the evidence presented at trial was insufficient for the jury to ... Subscribe Login Digital and ...

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01-0116 State v. Peterson

"In order to resolve the statute's ambiguity in the context of this fact situation, we consider the legislative history which the court discussed in Martin. As the court there explained, prior to the last major amendment of the statute in 1965, the trial court could impose a repeater penalty 'where the prior convictions were first ... Subscribe Login Digital and ...

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01-0470-FT City of Eau Claire v. Langenfeld

Kimberly Langenfeld appeals her conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). The sole issue on appeal is whether the arresting officer had reasonable suspicion to detain Langenfeld in order to perform field sobriety tests and other further investigation prior to arresting her for OWI. This court concludes that ... Subscribe Login Digital and ...

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00-2546-CR State v. Rodriguez

"We have held that a suspect may not walk away from an officer conducting a Terry stop, and that the officer may restrain any suspect who attempts to do so. State v. Goyer, 157 Wis. 2d 532, 538, 460 N.W.2d 424 (Ct. App. 1990) ('[t]he right to make a Terry stop would mean little if ... Subscribe Login Digital and ...

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01-0474 County of Dunn v. Trainor

Gerald Trainor appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI). The circuit court found Trainor guilty of these charges after it denied his motion to suppress evidence gathered by police after his arrest. The sole issue on appeal is whether the arresting officer had probable cause to arrest Trainor ... Subscribe Login Digital and ...

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01-0065-CR State v. Marquardt

"[T]he State admits that the facts recited in the affidavits are 'scant,' but argues that they are not so thin as to be insufficient for probable cause. The State points to several facts in the affidavits: (1) Mary's telephone was off the hook the day she was killed, suggesting 'that the perpetrator had been inside ... Subscribe Login Digital and ...

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01-0421-CR State v. Dickey

Sammy J. Dickey appeals his judgment of conviction for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. Dickey argues that the trial court erred when it allowed blood test results to be admitted into evidence. Dickey specifically contends there is no authority under the Implied Consent ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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). ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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. ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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, ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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00-3097 In the Matter of the Request of: Firefighter Wagner for Circuit Court Review: Wagner v. Madison

Charles T. Wagner appeals an order of the circuit court dismissing his petition for review of a decision of the Board of Police and Fire Commissioners for the City of Madison (PFC) because it concluded he did not properly commence circuit court review. The PFC argues that Wis. Stat. sec. 62.13(5)(i) (1999-2000) deprives us of ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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