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Case Digests

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 postconviction relief. He claims that he was denied his constitutional right to counsel at the ... Subscribe Login Digital and ...

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00-3569 U.S. v. Manjarrez

"[T]he ostrich instruction itself made it clear that a defendant does not act 'knowingly' when he acts through 'ignorance, mistake, or accident,' or where 'he was merely negligent in not discovering the truth.' This alone might well obviate any need for a separate good faith instruction. See Given, 164 F.3d at 394-95. Finally, the theory-of-defense ... Subscribe Login Digital and ...

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00-0628 State v. Schultz

Joseph Schultz appeals a judgment declaring his bar a nuisance. He also appeals an order of abatement enjoining him from operating the bar. Schultz argues that: (1) he was denied actual notice of the conduct upon which the judgment was based; (2) the nuisance claim is subject to a 60-day statute of limitations thus barring ... Subscribe Login Digital and ...

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00-2948-CR State v. Headrick

Timothy Headrick appeals a judgment convicting him of armed robbery. He argues that the trial court should have suppressed his confession because it was involuntary and it was given after he invoked his right to counsel. We reject these arguments and affirm the judgment. This opinion will not be published.Dist III, Brown County, McKay, J., ... Subscribe Login Digital and ...

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00-3971, 00-4066, 00-4221 U.S. v. Krilich

"Almost everyone is 'unusual' in some respect, and many septuagenarians have conditions similar to Krilich's. Yet sec.5H1.1 and sec.5H1.4 put normal age-related features off limits as grounds for reduced sentences. Older criminals do not receive sentencing discounts. Many persons in poor health are confined in federal prisons. If the medical problem is extraordinary in the ... Subscribe Login Digital and ...

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00-2643 Zinter by Guardian Ad Litem Lyons v. Oswskey, et al.

John Zinter Jr., a minor, appeals a summary judgment in favor of Darlene Oswskey, Robert Oswskey and American States Insurance Company (collectively, the Oswskeys). Zinter severed the tip of his finger while a guest at the Oswskey home. Zinter sued the Oswskeys, alleging that his finger was injured by the Oswskeys' rabbit "or some other ... Subscribe Login Digital and ...

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00-1606-CR State v. Staples

William Staples appeals pro se from a judgment entered after he pled guilty to possession with intent to deliver a controlled substance (cocaine). Staples claims that the trial court erred when it denied his motion to suppress evidence. Specifically, Staples argues that: (1) the citizen informant, Imogene Hines, referred to in the complaint, does not ... Subscribe Login Digital and ...

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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 felony was adequately considered by the Commission.'"We respectfully disagree with the district court and conclude ... Subscribe Login Digital and ...

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00-2348-CR, 00-2349-CR, 00-2350-CR, 00-2351-CR State v. Butler

Christopher Butler appeals judgments, entered upon his no contest pleas, convicting him of one count of intentionally causing harm to a child and three counts of second-degree sexual assault of a child. Butler additionally appeals from the order denying his motions for postconviction relief. Butler argues that the circuit court erred by denying, as untimely, ... Subscribe Login Digital and ...

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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, Griesbach, J., Peterson, J.Attorneys:For Appellant: Daniel Goggin II, NeenahFor Respondent: John P. Zakowski, Green Bay; Bradley ... Subscribe Login Digital and ...

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00-3075 In Re the Commitment of VanBronkhorst: State v. VanBronkhorst

"The State contends that VanBronk-horst was given notice of the Rule 15 violation when the circuit court quoted the rule's language when questioning VanBronkhorst. While the court did in fact recite language from Rule 15, VanBronkhorst was not charged with a Rule 15 violation. He was not accused of having a relationship with an adult ... Subscribe Login Digital and ...

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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 a witness sequestration order; (2) that the trial court erred in denying his motion for ... Subscribe Login Digital and ...

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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 motion to suppress the handgun discovered in his apartment by the police because: (1) the ... Subscribe Login Digital and ...

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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 Harding (in his capacity as counterclaim defendant) from the June 16, 1999 decision and order, Kumar's ... Subscribe Login Digital 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 crime, and from the trial court's order denying his postconviction motion. Spencer argues that his ... Subscribe Login Digital and ...

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00-2220-CR, 00-2221-CR State v. Jansen

Joseph C. Jansen appeals from the judgments of conviction entered against him. The issues presented for review on appeal are whether Jansen consented to a search of his home, whether a subsequently issued search warrant was proper, and whether a pat-down search of Jansen was proper. Because we conclude that the searches were proper, and ... Subscribe Login Digital and ...

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00-2482 Smyser v. Western Star Truck Co.

"Smyser asserted claims under Wis. Stat. sec. 218.0171(2)(a) and (2)(b) of the Lemon Law. Section 218.0171(2)(a) obligates a manufacturer to repair a nonconformity covered by a warranty under certain conditions. Section 218.0171(2)(b) provides that the consumer may obtain a replacement vehicle or a refund and related costs where, after the manufacturer's reasonable attempt to repair, ... Subscribe Login Digital and ...

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00-2055-CR State v. Gogin

Thomas D. Gogin appeals from a judgment convicting him of second-degree sexual assault and false imprisonment and from an order denying his postconviction motion for a new trial. Because we conclude that trial counsel was ineffective, we reverse and remand for a new trial. This opinion will not be published.Dist II, Waukesha County, Davis, J., ... Subscribe Login Digital and ...

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00-2364 State v. Williams

William Williams appeals from an order denying postconviction relief from a judgment convicting him of false imprisonment and substantial battery, both as a repeater. He was originally convicted on a plea and placed on probation in 1996. After the Department of Corrections revoked his probation in 1998, the trial court sentenced him to consecutive four-year ... Subscribe Login Digital and ...

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01-1298 U.S. v. Dowell

"Contrary to the government's argument, we have repeatedly held that an error in designating the judgment will not result in a loss of appeal if the intent to appeal from the contested judgment may be inferred from the notice and if the appellee has not been misled by the defect. ... Here, there is no ... Subscribe Login Digital and ...

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00-3195 Tri-Tech Corp. of America v. Americomp Services, Inc.

Although failure to hold moneys in trust is punishable under sec. 943.20, we conclude that it does not mean that failure to pay moneys out of the trust fund is automatically subject to criminal action."We hold that there is a difference between criminal and civil theft by contractor. The difference is that the criminal statute ... Subscribe Login Digital and ...

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00-3423-CR State v. Davis

Stacy Davis appeals a judgment convicting him of two counts of recklessly endangering safety, and an order denying postconviction relief. He argues that his trial counsel rendered ineffective assistance because he failed to make an appropriate offer of proof, failed to conduct an adequate investigation and failed to present relevant evidence. We reject these arguments ... Subscribe Login Digital and ...

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00-2982-CR State v. Blackburn

David Blackburn appeals a judgment convicting him of repeatedly sexually assaulting his stepdaughter. He argues that the State failed to present sufficient evidence to support the conviction. We reject that argument and affirm the judgment. This opinion will not be published.Dist III, Brown County, Dietz, J., Per CuriamAttorneys:For Appellant: Lynn E. Hackbarth, MilwaukeeFor Respondent: Daniel ... Subscribe Login Digital and ...

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00-2750 Pizzo v. Bekin Van Lines Company, et al.

"[T]he Carmack Amendment claim should not have been dismissed for failure to satisfy the minimum required amount in controversy. Since, however, it is merely a contingent claim, it does not provide a secure basis for retaining under the supplemental jurisdiction of the district court the plaintiff's state-law claim for fraud. The tail would be wagging ... Subscribe Login Digital and ...

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00-2389 Matlin v. City of Sheboygan

Accordingly, the trial court erred in dismissing plaintiff's petition."The interest of the City and public in preventing harm from dilapidated buildings is adequately served by the initial raze order. This triggers the events which may lead to the repair or removal of the dangerous buildings. The interests of the owner are likewise protected by adherence ... Subscribe Login Digital and ...

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00-2863 State v. Maxon

Chad T. Maxon appeals his trial court conviction for operating a motor vehicle while under the influence of an intoxicant. He presents three issues: First, he claims that there was not probable cause to stop and arrest him. Second, he asserts that there was not a sufficient foundation for the introduction of the breathalyzer test. ... Subscribe Login Digital and ...

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00-2824 Zipsort Inc. v. Wisconsin Department of Revenue (55526)

"Thus, even assuming the commission has not previously decided whether the application of bar codes to mail is manufacturing under Wis. Stat. sec. 70.995, it is still entitled to some degree of deference. Assuredly, this is not the first time that the commission has been called upon to make sec. 70.995 determinations for business activities ... Subscribe Login Digital and ...

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01-1059 Wallscetti v. Fox, et al.

"Wallscetti ... points to an April 10, 1997 entry in Lagges' confidential file. This entry mostly discusses Lagges's unwillingness to grant Wallscetti a transfer until she provided him with supporting evidence for her allegations against Fox. The end of the note states that 'if the charges are proven baseless, she may be disciplined or discharged,' ... Subscribe Login Digital and ...

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00-2143 Pietrowski v. Dufrane

And this is so even though plaintiffs, and others in the subdivision, had also violated the restrictive covenant by erecting sheds on their property."The Dufranes assert that 'the distinguishing factor in the present case is that the plaintiff has constructed a building on her property that is in violation of the restriction she seeks to ... Subscribe Login Digital and ...

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00-3441 State v. Senecal

Michael A. Senecal appeals from an order revoking his driving privileges based upon the trial's court determination that Senecal improperly refused to submit to a chemical test under the Implied Consent Law, Wis. Stat. sec. 343.305. On appeal, Senecal argues that the trial court erred by denying his motion to dismiss when the State was ... Subscribe Login Digital and ...

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