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Case Digests

01-0205-CR State v. Farrell

Michael J. Farrell appeals his conviction of operating a motor vehicle while intoxicated (OMVWI). He argues that the circuit court erred in refusing to suppress the results of his blood test. He concludes the circuit court was in error because a breath test was available, and therefore the blood test was an unreasonable search and seizure. We conclude that the ...

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00-262 Arkansas v. Sullivan

“The court’s decision on rehearing is flatly contrary to this Court’s controlling precedent, we grant the State’s petition for a writ of certiorari and reverse. As an initial matter, we note that the Arkansas Supreme Court never questioned Officer Taylor’s authority to arrest Sullivan for a fine-only traffic violation (speeding), and rightly so. See Atwater v. Lago Vista, 532 U.S. ...

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00-2133 State v. Kimbrough

“With respect to Kimbrough’s limited intellectual capacity, we note that while expert testimony established he had below average intelligence, it did not establish that he is mentally retarded. In addition, while the State’s psychologist testified that Kimbrough’s general ability to anticipate consequences was underdeveloped compared to an average person, the testimony did not establish that Kimbrough was unable to appreciate ...

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00-2691-CR State v. Hernandez

uis Hernandez appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). Hernandez contends that the trial court erred in denying a motion to suppress evidence gathered after an allegedly illegal traffic stop. We conclude, contrary to Hernandez’s assertion, that the arresting police officer had a reasonable suspicion that Hernandez was engaging ...

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00-3543 Blue Canary Corp. v. City of Milwaukee

“Because the standard in the ordinance is compatibility with the ‘normal’ activity of the neighborhood and the City relies heavily on testimony by neighbors to determine what that activity is, the plaintiff asks us to consider the possibility that a straitlaced community might exclude all erotic cultural expression on the ground that any public recognition of sex was abnormal activity ...

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00-0723 Marshfield Machine Corporation, et al. v. Martin, et al.

David Egger and Marshfield Machine Inc. appeal the circuit court’s dismissal of their suit against Bernard Martin, Brian Schmoll and Innovative Machine Specialists Inc. (IMS) at the close of the plaintiffs’ evidence. They contend that they introduced sufficient evidence to establish the elements of the claim of breach of fiduciary duty against Martin and Schmoll. The defendants cross-appeal, arguing that ...

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00-3146 In the Matter of the Refusal of Dittberner: State v. Dittberner

Curtis Dittberner appeals from an order revoking his operating privileges for refusing to submit to a test of his blood. He asserts that the trial court erred by revoking his operating privileges because the State failed to prove that an arresting officer had probable cause to arrest him for operating his motor vehicle while intoxicated (OMVWI). He also argues that ...

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99-2317 Tayborn v. Scott

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before looking down from the porch to see the attackers; 2) whether he gave the police the names of Tayborn and ...

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00-3569-FT Wildeck Inc., v. Cousar, et al.

Wildeck Inc. appeals from a judgment dismissing its complaint for lack of personal jurisdiction over Thomas J. Cousar and Cousar Painting Company Inc. (collectively, Cousar). The issue on appeal is whether the exercise of personal jurisdiction over Cousar would offend due process. We conclude that the exercise of personal jurisdiction would offend due process because of Cousar’s lack of contacts ...

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00-3150-CR State v. Kingsfield

Tyler J. Kingsfield appeals his convictions for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. His argument on appeal is that first, there was insufficient evidence to convict him of the charged offenses, and second, that the element of operating a motor vehicle on a highway was not satisfied. We affirm ...

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00-3543Blue Canary Corp. v. City of Milwaukee

“Because the standard in the ordinance is compatibility with the ‘normal’ activity of the neighborhood and the City relies heavily on testimony by neighbors to determine what that activity is, the plaintiff asks us to consider the possibility that a straitlaced community might exclude all erotic cultural expression on the ground that any public recognition of sex was abnormal activity ...

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