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01-1608 Selimi v. INS

“Selimi argues that he was deprived of due process because the INS failed to prove that he was excludable under section 212(a)(6)(E) by clear, convincing, and unequivocal evidence, including in particular evidence that he acted with the requisite knowledge and ...

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01-3509 U.S. v. Kelly

“The judge’s reasons for rejecting the pleas are sufficiently sound. Most significantly, Kelly’s plea attempt on the distribution counts occurred very close to the end of the trial. Substantial judicial resources had already been spent on the trial and on ...

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02-0173-CR State v. Worsech

The State appeals an order which dismissed one count of its complaint against Scott Worsech, and a subsequent order denying reconsideration. The dismissed count alleged that Worsech, while himself a prisoner, had attempted to intentionally cause bodily harm to another ...

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00-2023 U.S. v. Fuller

“Essentially, Mr. Fuller was claiming that counsel had been negligent in investigating the sentencing consequences of a guilty plea and in ensuring that his client was sufficiently informed before his change-of-plea hearing. “Presumably, defense counsel would have an interest in ...

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02-0015-CR, 02-0984-CR State v. Hopkins

Kenneth E. Hopkins appeals from a judgment entered after he was convicted of being a felon in possession of a firearm. He also appeals from an order denying his postconviction motion. Hopkins claims his trial counsel provided ineffective assistance when ...

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02-1294 U.S. v. Young

“The government did not offer Dr. Burgess as an expert on whether or not Young abused Patrick, but rather, as an expert on how victims such as Patrick typically respond to such abuse. Furthermore, there is no legal authority supporting ...

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02-0397-CR State v. Brown

Nkosi K. Brown appeals from a judgment of conviction entered after he pled guilty to two counts of robbery with the threat of force, as a party to a crime. He also appeals from an order denying his postconviction motion ...

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01-3870 U.S. v. Westmoreland

“The initial disclosure of a crime to one’s spouse, without more, is covered by the marital communications privilege. If the spouse later joins the conspiracy, communications from that point certainly should not be protected. This distinction is consistent with the ...

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Plea Agreement Case Analysis

Given the importance of this issue, it should be expected that the State will seek review in the Wisconsin Supreme Court, and that review will be granted. In the meantime, a flood of motions from prisoners affected by this decision ...

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Immunity Case Analysis

Should the decision in this case receive further review in the Wisconsin Supreme Court, that portion of the decision abrogating Mary Anne’s immunity is all but certain to be reversed. The court of appeals in this case set forth section ...

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01-1858, 01-2333 U.S. v. McClurge

“The four questions Marks refused to answer clearly dealt with issues collateral to the culpability of McClurge and Carlisle. The trial transcript demonstrates that Marks was asked whether he had ever seen Eiland commit murder, whether he had ever kidnapped ...

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00-1681 U.S. v. Lange

“According to Lange, all data obtained by reverse engineering some other product are ‘readily ascertainable . . . by the public’ because everyone can do what RAPCO did: buy an original part, disassemble and measure it, and make a copy. ...

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02-1420-CR State v. Oliver

Tony Oliver appeals a judgment entered on a jury verdict convicting him for delivery of cocaine. He also appeals an order denying his motion for postconviction relief. Oliver argues the trial court violated his right to counsel by not allowing ...

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02-0295-CR State v. Bennett

Roosevelt Bennett was charged with attempting to possess a firearm as a felon, bail jumping, and providing false information on a firearms-dealer notification form. He appeals from an order committing him to institutional care following the trial court’s determination that ...

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01-1565-CR State v. Olson

The State of Wisconsin appeals a pretrial order suppressing Travis Olson’s statements to police. The State argues that because Olson was not in custody and because he never made an unequivocal request for an attorney, there was no violation of ...

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02-1362-CR State v. Severson

Douglas D. Severson appeals a judgment of conviction for operating a motor vehicle while intoxicated (OMVWI), second offense. Because we conclude that there is nothing in the arguments presented in this appeal that bears on the circuit court’s judgment of ...

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02-0247 State v. Tappa

“There is no requirement in Wis. Stat. ‘ 971.20 that a judge must inform defendants of their right to substitution of judge. Neither does the statute state that a judge must provide facts bearing on a defendant’s exercise of this ...

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02-0737 County of Iowa v. Klinger

Leon Klinger appeals the judgment of conviction for operating a motor vehicle while intoxicated. He contends the trial court erred in denying his motion to suppress the result of the analysis of his blood. Klinger argued in the trial court, ...

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01-0509 State v. Hampton

Where defendant alleged the error and also alleged that he did not understand that the circuit court was not bound by the plea agreement, he has made a prima facie showing under the terms set out in State ex rel. ...

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02-1103 Spence v. Kolodzienski

Thomas and Diane Kolodzienski appeal a summary judgment ruling that they violated the protective covenants of the Golfview Heights Addition to the City of River Falls. They argue (1) the restrictive covenants are ambiguous; (2) they did not violate them; ...

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