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01-3317-CR State v. Shade

Gregory L. Shade has appealed from a judgment convicting him of the repeated sexual assault of a child in violation of Wis. Stat. sec. 948.025(1) (1999-2000), and from an order denying his motion for postconviction relief. We affirm the judgment ...

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02-1654 State v. Tangye

Jerrold N. Tangye appeals his conviction for operating a motor vehicle while intoxicated (OMVWI). Tangye argues that Wis. Stat. sec. 343.305(2), Wisconsin’s “implied consent” law, is unconstitutional because it coerces consent to a chemical “search” for intoxicants of blood drawn ...

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Attorney Fees Case Analysis

The decision creates a narrow exception between the general rule that limits recovery of attorney’s fees to token amounts, and the usual exceptions that permit "reasonable attorney’s fees." Attorney fees are governed by Section 814.04, which provides in relevant part: ...

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01-1916 State of Wisconsin v. Walters

Defendant appeals from his convictions on three counts of first-degree sexual assault on a child, arguing that the trial court wrongly excluded testimony from two defense experts. No error occurred in excluding the testimony of the expert who said he ...

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02-0263-CR State v. McPhetridge

Thomas McPhetridge appeals pro se from a judgment entered after a jury convicted him of first-degree sexual assault of a child. He also appeals from the orders denying his postconviction motions. McPhetridge claims: (1) the trial court allowed improper impeachment ...

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01-3367 State of Wisconsin v. Erickson

Defendant appeals her convictions for homicide by intoxicated use of a vehicle and causing injury by intoxicated operation of a vehicle, arguing that her suppression motion should have been granted because her blood draw was invalid because (1) it was ...

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02-2154-CR State v. Rooni

Jerry Rooni appeals a judgment of conviction entered on his guilty plea to one count of operating while intoxicated (OWI), third offense, and an order denying a motion to suppress evidence. Specifically, Rooni argues that the sheriff’s deputy lacked probable ...

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01-4351 Ben's Bar, Inc. v. Village of Somerset

“The Village’s rationale in support of Section 5(b) is that the liquor prohibition will significantly reduce the secondary effects that naturally result from combining adult entertainment with the consumption of alcoholic beverages without substantially diminishing the availability of adult entertainment, ...

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02-2021 State v. Johnson

Mark Johnson appeals an order revoking his operating privileges because of his refusal to submit to chemical testing after his arrest for operating while under the influence. The circuit court concluded Johnson had no basis to refuse to consent to ...

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02-2479 Wainscott v. Henry

“The fact that Wainscott wears the badge of a city employee cannot, in these circumstances, take his statement outside the First Amendment context. This is especially true given the content of his statement. It was a vague remark which revealed ...

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02-1026 Gohlke v. Didion Milling Inc.

Didion Milling, Inc. appeals from the judgment entered against it and in favor of Richard Gohlke. Didion argues on appeal that the arbitrators exceeded their powers by allowing Gohlke’s claim against it to proceed when the statute of limitations had ...

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02-1592-CR State v. Dickey

Sammy J. Dickey appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) which was reinstated following a remand hearing. He argues that his rights were violated because he did not get an “adequate and meaningful” ...

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02-1149 Veach v. Sheeks

“[B]y stating the amount of the debt as $1,050, Sheeks took it upon himself to hold Veach liable for legal penalties that had not yet been awarded, penalties that for FDCPA purposes should have been separated out from the amount ...

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01-2011 Morters v. Barr, et al.

This case comes before us on remand from the Supreme Court. On Oct. 21, 2002, the Supreme Court issued an order granting the petition for review in the case of Morters v. Barr, 2002 WI App 134, 255 Wis.2d 833, ...

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02-1030-CR State v. Fogle

Darin Fogle appeals a judgment convicting him of burglary. He argues that the trial court erred when it denied his motion to suppress evidence seized pursuant to a search warrant that he contends resulted from an initial illegal police intrusion ...

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02-0836 Gorokhovsky v. Edwards, et al.

Vladimir M. Gorokhovsky appeals, pro se, from the judgment of the trial court dismissing all claims against the defendants, Jan Edwards, Attorney Daniel J. Miske and Elite Properties, Inc. He also appeals from the trial court’s award of $14,151.50 to ...

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01-2206 U.S. v. Ganser

“[T]he CI correctly predicted that Simmons would receive a letter from a ‘Cheryl’ in California in a greeting card-type envelope. These details accurately predicted future behavior, demonstrating inside information and a special familiarity with Simmons’ affairs. See White, 496 U.S. ...

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01-3444-CR State v. Tucker

Robert E. Tucker appeals from a judgment of conviction entered after he pled guilty to one count of first-degree intentional homicide, as a party to a crime. He argues that the trial court erred when it denied his motion to ...

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01-1229 Washington v. Guillen (58419)

Section 409 is a proper exercise of Congress’ Commerce Clause authority to “regulate the use of the channels of interstate commerce” and “to regulate and protect the instrumentalities of interstate commerce, ” United States v. Lopez, 514 U.S. 549, 558. ...

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01-618 Eldred v. Ashcroft (58420)

Although conceding that the CTEA’s baseline term of life plus 70 years qualifies as a “limited Tim[e]” as applied to future copyrights, petitioners contend that existing copyrights extended to endure for that same term are not “limited.” In petitioners’ view, ...

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