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Case Digests

00-1718 State v. Leitner

“The trial court properly denied the motion because it was not supported by a preponderance of evidence showing that Leitner actually had an alibi witness which he had previously chosen to conceal. At the hearing on his motion to withdraw his plea, Leitner did not produce his fiancée and did not offer his own testimony. He provided no details about ...

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99-2704 State v. Lindell

“Because our decision to affirm Lindell’s conviction is at odds with State v. Ramos, 211 Wis.2d 12, 564 N.W.2d 328 (1997), which would have required an automatic reversal in any situation where the defendant used a peremptory strike to remove a prospective juror who should have been excused for cause, we overrule Ramos and announce a new standard to protect ...

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00-3835 U.S. v. Hemmings

“While Hemmings seeks relief under 18 U.S.C. sec. 3162(a) (1), it is clear from the plain language of the statute that his claim must fail. Section 3162(a)(1) provides: ‘If, in the case of any individual against whom a complaint is filed charging such individual with an offense, no indictment or information is filed within the time limit required by section ...

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00-2532 Brandon Apparel Group Inc. v. Pearson Properties Ltd., et al.

Eric Lefkofsky appeals the circuit court’s decision to grant default judgment in favor of Clyde Pearson because Lefkofsky engaged in bad-faith discovery practices, including failing to appear for a court-ordered deposition four weeks before a scheduled trial. He argues that the circuit court erred by (1) finding that his conduct was in bad faith and without a clear and justifiable ...

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99-3328 State v. Oakley

“The effects of the nonpayment of child support on our children are particularly troubling. In addition to engendering long-term consequences such as poor health, behavioral problems, delinquency and low educational attainment, inadequate child support is a direct contributor to childhood poverty. … “In the present case, the record indicates that Judge Hazlewood was familiar with Oakley’s abysmal history prior to ...

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01-1159 Piaskowski v. Bett

“The State’s meager circumstantial evidence against Piaskowski is also innocuous. The fact that Piaskowski was present in coop 9 prior to the beating and entered coop 7 after the beating, 2 or 3 minutes after Kutska and Moore, proves little because Piaskowski spent much of his workday in those areas. The State also makes much of the fact that Piaskowski ...

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01-0150-FT In Re the Marriage of: Ferry v. Ferry

Thomas Ferry appeals his divorce judgment, challenging the amount and duration of maintenance awarded to his former wife, Laurie Ann Ferry. He argues that the trial court erroneously exercised its discretion in setting maintenance. We disagree and affirm the judgment. This opinion will not be published. Dist III, Brown County, Warpinski, J., Per Curiam

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99-3040 State ex rel. Kaminski v. Schwarz

“We cannot agree that the legislature intended to prohibit notification of potentially vulnerable persons; nothing in the language of the statutes or in the legislative history supports such a conclusion. Such a conclusion would invalidate the notice in rule 16-3 for persons with whom the offender may become intimate, and would make it difficult for agents to work with potential ...

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00-2854 Tezak v. U.S.

“[C]onflicting testimony was presented about the filing of an appeal. The district court did not credit Casey’s deposition testimony, which the court stated indicated a bias against Popuch on Casey’s part due to the check forgery. Also, given Tezak’s vocal and commanding participation in his defense presentation, the court found it improbable that even though the record contained numerous correspondence ...

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99-1069 Neff v. Pierzina

“[T]he determination whether an insurer has been prejudiced by the lack of timely notice is essentially a question of fact. The fact finder’s determination should not be set aside unless it is clearly erroneous. Wis. Stat. sec. 805.17(2). Wisconsin Stat. sec. 632.26(2) states that ‘the risk of nonpersuasion is upon the person claiming there was no prejudice.’ This statement signals ...

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98-2595-CR State v. Eason

“In the 17 years since Leon became law, there is no evidence here, and none has been offered, that the good faith exception has given rise to increased police abuse or oppression… [W]e find that Article I, Section 11 of the Wisconsin Constitution guarantees more protection than the Fourth Amendment provides under the good faith exception as adopted in Leon.” ...

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00-3090 U. S. v. Espinoza

“Given Espinoza’s resistive physical response to the officers’ attempt to gain forcible entry into his home (holding the door shut to prevent the officers from entering) we fail to see how the officers’ alleged failure to wait an objectively reasonable amount of time before forcing the doors caused any harm to Espinoza’s interests (whether in privacy or property) protected by ...

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01-1086, 01-1087 In Re the Termination of Parental Rights to Shawna B.A., Bridgette P.A.: Brown County Department of Human Services v. Kenyota A.

Kenyota A. appeals from orders terminating his parental rights to his two children. Kenyota argues the trial court lost competency to proceed because the initial hearing was not completed within thirty days of the petition’s filing and the fact finding hearing was not held within forty-five days of the initial hearing. This court concludes that under Wis. Stat. sec. 48.315, ...

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99-2296-CR State v. Henderson

“The rule against ‘rehabilitating’ a warrant after-the-fact by information known to the police but not included in the warrant application… applies only to challenges to the sufficiency of a search warrant under the warrant clause, not challenges to the manner of execution of a search warrant under the reasonableness clause. The cases recognized that allowing the probable cause basis for ...

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00-1992 Herlache v. Zahran, et al.

Robin and Karen Zahran have appealed pro se from an order entered in the trial court on June 20, 2000, establishing the amount to be paid by them for the redemption of property which was the subject of a sheriff’s sale held on June 6, 2000. The sheriff’s sale resulted from a foreclosure judgment entered in the trial court on ...

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00-3174 U.S. v. Mitchell

“The officers, upon their arrival at the scene, clearly did not have sufficient information to immediately arrest Mitchell for being a felon in possession. However, we are of the opinion that the combination of a report of shots being fired, the rapid response time of the officers (approximately 90 seconds), the fact that Mitchell matched the general (albeit limited) description ...

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00-1739 In Re: the Termination of Parental Rights to Jayton S. v. Tykila S.

“Due to the severe nature of terminations of parental rights, termination proceedings require heightened legal safeguards against erroneous decisions. Although termination proceedings are civil proceedings, M.W. v. Monroe County Dep’t of Human Servs., 116 Wis.2d 432, 442, 342 N.W.2d 410 (1984), the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires that ‘[i]n order for parental ...

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00-1967 U.S. v. Martinez

“The testimony of Gladney, Martinez’s main supplier of crack (but not his only source as testimony indicated at trial), places Martinez in possession of a minimum of 30 ounces (850.5 grams) of crack. In addition, there were numerous witnesses who testified to having seen Martinez with varying amounts of crack. Given the duration and scope of Martinez’s organization, the evidence ...

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00-2289 Talbert, et al. v. Affiliated Carriage Systems Inc., et al.

Clarence Talbert appeals a summary judgment which dismissed his negligence action against Affiliated Carriage Systems (d/b/a Madison Taxi) and its insurer, American Southern Insurance Company, with costs. We affirm for the reasons discussed below. This opinion will not be published. Dist IV, Dane County, Ebert, J., Per Curiam

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99-3144 Kopke v. A. Hartrodt S.R.L., a foreign corporation

“The question presented is, therefore, whether the word ‘process’ means to bring about a physical transformation upon the products, materials, or things themselves, as urged by L’Arciere and RAS, or whether process is a broader term as suggested by the Seventh Circuit in Nelson [by Carson v. Park Industries, Inc. 717 F.2d 1120 (1983)], and by Kopke and Binda. We ...

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00-2625-CR State v. Lee

Eugene Lee appeals a judgment convicting him as a felon in possession of a firearm, as a repeat offender. He also appeals an order denying his motion for postconviction relief. The issue on appeal is whether the trial court properly admitted certain testimony at his trial. We affirm. This opinion will not be published. Dist IV, Dane County, Farnum, J., ...

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00-3227 U.S. v. Bautista

“[W]e see nothing in the Guidelines that forbids consideration of extralegal consequences that follow a sentence as grounds for a departure. In Koon, for example, the Supreme Court reversed the Ninth Circuit’s holding that career loss following imprisonment could never be relevant to sentencing. 518 U.S. at 110. And because the circumstances urged here (the claimed ‘draconian’ effects of deportation ...

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00-0076 State ex rel. Spriggie Hensley v. Endicott

Although plaintiff argued that there was a “futility” exception to the PLRA, that it would essentially be futile to require plaintiff to bring his constitutional challenges to the rules in question before the institution’s complaint review committees and appeal personnel as a precondition to raising them in court, that argument fails to comport with the plain language of the PLRA. ...

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01-2460 Graham v. Lappin

“Plaintiffs have standing, for they allege both a concrete injury to themselves and the possibility that the relief they seek will redress that injury. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Moreover, a district court is entitled under Fed. R. Civ. P. 27, 28(a), and 30(a) to issue ancillary orders that may be essential for obtaining ...

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99-0946 Salveson v. Douglas County

“In deciding to award back pay, the circuit court found that Salveson was physically unable to work as a full-time street paramedic, but that she was able to perform other, less rigorous paramedic work. The court noted that after she became physically unable to work as a full-time street paramedic, Salveson worked as an LPN, a medical examiner, and a ...

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01-0203 Town of Madison v. Gartland

Randall E. Gartland appeals a circuit court judgment convicting him of speeding. He argues that the circuit court erred in failing to dismiss the charge against him because the prosecutor failed to comply with a court order requiring him to give Gartland a copy of the transcript of his municipal court hearing. Because we conclude that the circuit court’s finding ...

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00-2326 Newsome v. McCabe

“Putting Buckley and all problems of establishing causation to one side, we make the normal immunity inquiry: was it clearly established in 1979 and 1980 that police could not withhold from prosecutors exculpatory information about fingerprints and the conduct of a lineup? See Wilson, 526 U.S. at 614-18; Anderson v. Creighton, 483 U.S. 635, 639 (1987); Saucier v. Katz, No. ...

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99-0649 Martindale v. Ripp

And, because we conclude that this erroneous exercise of discretion affected plaintiff’s substantial rights, we reverse and remand the case to the circuit court for a new trial. “Here the circuit court erred for several reasons. First, the circuit court excluded expert testimony that would have assisted the trier of fact in understanding the evidence and determining the issue of ...

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98-3329 Baierl v. McTaggart

Accordingly, summary judgment was properly entered in favor of the tenants and the decision of the court of appeals must be reversed. Although the landlord argues that the illegal provision is severable from the remainder of the lease, we disagree. “Having examined both parties’ arguments, we conclude that neither party’s position is tenable as an absolute proposition. Both positions fail ...

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