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Case Digests

00-3897Otto v. SEC

“[W]e need not decide the issue of whether the NASD is a state actor in this case because Otto admitted all of the facts necessary to establish his guilt, which dooms his due process arguments.” “Given Otto’s admissions coupled with ...

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00-3013-CR State v. Martin

Richard Martin pled guilty to operating while under the influence of an intoxicant, second offense, contrary to Wis. Stat. sec. 346.63(1)(a). He appeals his conviction, contending that the trial court erred when it denied his motion to suppress evidence. Martin ...

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01-2441Garza v. Lappin

“Nothing in the OAS Charter suggests an intention that member states will be bound by the Commission’s decisions before the American Convention goes into effect. To the contrary, the OAS Charter’s reference to the Convention shows that the signatories to ...

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00-1846 State v. Multaler

“The affidavit establishes that serial killers are uniquely likely to have a strong psychological compulsion to keep evidence of their crimes, even when they know they are under investigation. In fact, the affidavit establishes that serial killers may unreasonably flirt ...

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00-3180-CR State v. Roesing

Victoria D. Roesing appeals from a judgment of conviction after a jury found her guilty of operating a motor vehicle while under the influence of an intoxicant or other drug contrary to Wis. Stat. sec. 346.63(1)(a) (1999-2000). Roesing claims that ...

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00-2605 State v. Ramirez

“This history reveals that Wis. Stat. sec. 943.201(2) was targeted at much more than the isolated act of misappropriating the personal identifying information of another or the initial receipt by the defendant of a thing of value as a result ...

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00-3558-CR State v. Burks

Susan Burks appeals her judgment of conviction for operating while under the influence of an intoxicant, third offense, contrary to Wis. Stat. sec. 346.63(1)(a). Burks argues that the circuit court erred by denying her motion to suppress the results of ...

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00-1101 & 00-1505Higbee v. Sentry Insurance Co.

“Here, although the release discussed at the conference purported to waive all of Higbee’s claims, the parties had not even discussed the worker’s compensation claim. Indeed, Higbee’s own attorney had ‘forgot[ten] all about that’ until a day or two after ...

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00-4180 U.S. v. Lane

“People who commit that offense may end up committing another, and violent, offense, such as robbing a bank at gunpoint, but that doesn’t make the possession offense violent. Otherwise we would have to say that the offense of driving a ...

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00-1774 State v. Shea

Daniel Shea appeals from the trial court’s order denying his motion for postconviction relief brought pursuant to Wis. Stat. sec. 974.06 (1999-2000). Shea raises several issues addressing the prosecutor’s alleged failure to provide him with discovery materials. We affirm. This ...

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00-3629 U.S. v. Jefferson

“Even assuming the confidential informant would testify as Jefferson claims he would, Jefferson has not shown that such testimony would be particularly significant to his defense. Unlike the defendant in [U.S. v. Bender, 5 F.3d 267 (7th Cir. 1993)], Jefferson’s ...

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00-3413-CR State v. Peterson

Larry Peterson appeals a conviction for second-degree sexual assault. He also appeals an order denying postconviction relief. Peterson argues that he should be granted a new trial in the interest of justice because the real controversy was not fully tried. ...

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00-1970-CR State v. Suslick

Anthony A. Suslick appeals from the judgment of conviction entered against him. The issue on appeal is whether the circuit court erroneously exercised its discretion when it refused to allow Suslick to withdraw his pleas. Because there is support in ...

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99-2154 Shasteen v. Saver

“When one contemplates the circumstances of this case, it is difficult to find misconduct in connection with Garnati’s actions… [T]he prosecutor was shown a copy of the note dated April 6 and was told by a confident Mrs. Misselhorn that ...

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00-3238 State ex rel. Richards v. Thompson, et al.

Harlan Richards appeals an order dismissing his declaratory judgment action challenging the constitutionality of various provisions of the Wisconsin Prisoner Litigation Reform Act (PLRA). The issue is whether Richards, a Wisconsin prison inmate, presented the court with a justiciable controversy. ...

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99-3932 & 99-3951 U.S. v. Hill

“James behaved in a pig-headed fashion. It is hard to imagine that by quoting from sec.1.02 of the Benchbook or expatiating about the drawbacks of self- representation (‘a fool for a client…’) the district judge could have talked him out ...

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00-2830-CR State v. St. George

Bradley Alan St. George appeals his judgment of conviction for first-degree sexual assault of a child and an order denying him postconviction relief. St. George argues he was denied due process and his right to present a defense when the ...

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00-2432 U.S. v. Steward

“[T]he government argued again that Steward’s holding of the package in his left hand, however fleetingly, the resulting control over it, and dropping it in hope of concealment established possession of it. … The government argues that Judge Murphy’s finding ...

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00-3632 U.S. v. Carlos-Colmenares

“Nothing in the statute’s language or background suggests that an illegally returning deportee cannot be convicted unless he knew he lacked the Attorney General’s express consent to reenter. On the contrary, the requirement that the Attorney General’s consent be ‘express’ ...

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00-1971 Alverio v. Sam's Warehouse Club, Inc.

“[L]awyers are given considerable leeway in formulating a gender-neutral rationale for jury strikes. … Here, in addition to identifying unique factors that only affected the three struck jurors – unemployment, participation as a plaintiff in a lawsuit, and employment in ...

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