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02-0156-CR State v. Krawczyk

“We conclude that Krawczyk’s plea to both felony murder and the underlying armed robbery, the latter conviction having been set aside, does not provide a basis for withdrawal of his plea to felony murder. First and foremost, the record is ...

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02-0808 State v. O'Neill

“Judge Johnston and the parties agree that our January 14, 2002 order in case no. 00-CF-10 has no precedential value because it is not a published decision. Wis. Stat. § 809.23(3). Since the supreme court did not accept review, Judge ...

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01-1535 U.S. v. Holman

“Although Holman does not specifically articulate his appeal based on Rule 11, we think that his counsel’s deficient performance was based on a violation of Rule 11’s procedures. Though the concession of guilt was made during trial and not before, ...

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02-0147 State v. Fischer

This is so because defendant’s request was conditional as it depended on something that had not yet happened but might happen in the future. “A conditional and futuristic request for counsel is a statement that a reasonable officer in light ...

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02-2044 Ducato v. U.S.

“The district judge who denied the section 2255 motion with the relatives’ affidavits before her was the same judge who had found that the defendant had possessed a gun during the commission of the offense, a finding that implied that ...

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01-2584 State v. Lange

“While there is some suggestion in the record that Lange may have been advised of the elements of the offense and the nature of the rights he was waiving prior to the plea hearing, there is no documentation to that ...

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01-4263 Galbraith v. U.S.

“Galbraith claims that his trial counsel failed to make clear to him that his unconditional plea waived for all time his power to challenge the denial of his motion to suppress. Galbraith claims that he pleaded guilty simply to expedite ...

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02-1896 Edmunds v. Deppisch

“The validity of the inferences drawn from demeanor evidence in these settings has been questioned. As Olin Guy Wellborn III, “Demeanor,” 76 Cornell L. Rev. 1075 (1991), bluntly puts it, summarizing empirical studies: ‘According to the empirical evidence, ordinary people ...

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02-1430-FT Wendorff v. Oechsner

Donn Wendorff appeals the trial court’s order dismissing his injunction action against Andrew Oechsner. The issue is whether the trial court erred in dismissing the case. We conclude that it did and therefore reverse. This opinion will not be published. ...

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02-1731 Schultz v. Page

“[T]he Supreme Court held as a matter of law in Ake v. Oklahoma that an indigent defendant is entitled to have a psychiatrist appointed to assist in his defense if the defendant shows that his sanity at the time of ...

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02-0917 Kaufman v. Smith

James J. Kaufman appeals pro se from an order affirming a prison disciplinary decision and dismissing his certiorari petition for review of two other prison disciplinary decisions. He claims that Wis. Stat. sec. 893.735 (1999-2000), the 45-day statute of limitation ...

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01-1672 U.S. v. Rumsavich

“We agree with the court’s decision to enhance Rumsavich’s sentence because he deliberately, systematically, and purposefully targeted Paine and a number of other widowed, aged, unsophisticated and unwary investors as victims in his high-risk business ventures and then proceeded to ...

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02-1635 & 02-1636 U.S. v. D'Ambrosia

“[I]n evaluating the extent of the defendants’ role in the tax conspiracy under º 3B1.1, we look not only to their participation in the tax conspiracy but to any other conduct relevant to that conspiracy. “Here, there is no question ...

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02-1675-CR State v. Johnson

Corey D. Johnson appeals from the judgment of conviction entered after a jury convicted him of obstructing an officer, and carrying a concealed weapon. Johnson claims that the State’s evidence was insufficient to support a finding of guilt for the ...

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01-0327 Frost, by her Guardian ad Litem v. Whitbeck

Accordingly, we affirm the Court of Appeals holding that plaintiff and her daughter, who had been bitten by defendant’s dog, could bring an action for bodily injury against defendant’s homeowner’s insurance. Although defendant insurance company argued that the word “relative” ...

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02-0462-CR State v. Church

Scott A. Church appeals from the judgment of conviction and the order denying his motion for postconviction relief. He argues that he received ineffective assistance of trial counsel, and that the trial court erred in certain of its evidentiary rulings. ...

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02-1036-CR State v. Severson

Mark A. Severson appeals a judgment, entered upon a jury’s verdict, convicting him of two counts of second-degree sexual assault of a child and one count of incest with a child. Severson also appeals the order denying his motion for ...

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Court addresses ethics, fee arbitration

Donald J. Christl Revisions to the rules of professional responsibility and fee arbitration were considered by the Wisconsin Supreme Court at its administrative conference on Dec. 18, with the court issuing a broad mission statement to the ethics commission, and ...

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02-1455 State v. Raymond

Daniel T. Raymond appeals pro se from a forfeiture judgment of conviction for operating a motor vehicle at an unreasonable and imprudent speed pursuant to Wis. Stat. sec. 346.57(2). Raymond argues that the trial court denied his right to a ...

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02-1476 County of Walworth v. Wolf

Patrick Wolf appeals from judgments of conviction for operating a motor vehicle while intoxicated (OWI)), and operating a motor vehicle with a prohibited alcohol concentration (PAC). Wolf argues that the investigating officer lacked reasonable suspicion to conduct a Terry stop. ...

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Concession Case Analysis

The decision highlights the difference in the treatment of attorney concessions of guilt in the federal and state courts. Had Holman been charged in Wisconsin state courts, his attorney’s concession in the absence of consent would have required reversal per ...

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Court considers emotional distress

The Wisconsin Supreme Court is considering whether a claim for negligent infliction of emotional distress can be brought in a medical malpractice case. The court has allowed parents to seek compensation for the negligent infliction of emotion distress in accident ...

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Of Jerry Maguire and mission statements

Thomas R. Streifender Everyone scoffs at Jerry Maguire when he unveils his grand mission statement. In the lesser-known Office Space, the movie’s twenty-something hero leads a revolt against his bosses, in part because they are constantly "cramming mission statements down ...

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