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02-0694-CR State v. Whitman

Bradley S. Whitman was convicted on drug charges after being convicted in a separate trial on a homicide charge stemming from the same incident. Whitman argues that he is entitled to a new trial on the drug charges because: (1) ...

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02-0852-CR State v. Fondon

Corey Lee Fondon appeals from a judgment of conviction for nine counts of sexual assault arising out of five separate incidents involving three different sixteen- and seventeen-year-old females. Fondon argues that the trial court improperly joined the multiple sexual assault ...

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02-1178 Peters v. City of Mauston

“Peters first argues that the district court improperly held that the heavy lifting from which Dr. Hoeft restricted him is an essential function of the Operator’s job. The City, not surprisingly, asserts that such lifting is an essential function because ...

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02-0275 State v. Timblin

Accordingly, the complaint charging defendant with felony theft by deception was not defective because the court failed to inform him that proof of agency was required for counts 15 and 18. There was no agency relationship here because the Graffs ...

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01-3465-CR State v. Williams

Keyonta T. Williams appeals from a judgment of conviction of party to the crime of armed robbery and from an order denying his postconviction motion alleging that trial counsel was ineffective. He argues that trial counsel was ineffective because after ...

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02-1017 County of Dane v. Moore

John W. Moore appeals a judgment of the circuit court convicting him of disorderly conduct contrary to Madison General Ordinance sec. 32.03. Moore argues that his conviction should be reversed or his case remanded for a new trial on the ...

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02-1221 Young v. Walls

“Young cannot count backward. He does not know which direction is ‘east’ and thus cannot tell where the sun appears. Asked to name the Presidents since 1950, he answered ‘Washington’ and ‘Lincoln.’ He knows that winter means cold and snow ...

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02-0473 Fox v. Kalberg

This is a review of trial court orders denying a motion to vacate a default judgment in a small claims case and a motion to reconsider. The plaintiffs, Clayton Fox and Sarah Sturino Fox, were pro se, and the defendants, ...

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02-0700-CR State v. Rose

Jon Rose appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OMVWI), second offense. Rose contends the circuit court erred in denying his motions to suppress evidence. He argues that Wisconsin’s ...

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01-1273 U.S. v. Barlow

“And although statistics alone rarely establish an equal protection violation, they may be sufficient to establish the discriminatory effect prong of the Armstrong test. Chavez, 251 F.3d at 640. But such statistics must be relevant and reliable, id., and the ...

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02-1364-CR State v. Hepler

Katherine Hepler appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OMVWI), second offense. Hepler contends the circuit court erred in denying her motions to suppress evidence. She argues that Wisconsin’s ...

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01-2948 Carter v. U.S.

“A motion that is functionally a section 2255 motion is a section 2255 motion for purposes of AEDPA. Therefore, its denial, formally at least, blocks a second such motion, unless as in Henderson itself, where the appeal was from the ...

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02-1586 U.S. v. Xavier

“In refusing to apply [U.S.S.G. 2A6.1(b)(4)], the sentencing judge noted that at the time he made the threat to Officer Lowery, Xavier was ‘no longer agitated and shouting.’ The judge noted Officer Lowery’s testimony that Xavier ‘was laying on the ...

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02-1336 U.S. v. Griffin

“Since Griffin’s statement went beyond a mere denial of his involvement to craft out of whole cloth the identity of a fictional person in an attempt to mislead police, the government argues that the statement oversteps the boundaries of the ...

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02-0299 Rubrich, et al. v. Piotruszewicz, et al.

Paul J. Piotruszewicz appeals from the order for summary judgment dismissing his third-party claim against Badger Mutual Insurance Company. He argues that the circuit court erred in concluding that the pay-and-walk provision of his Badger Mutual policy was enforceable and ...

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02-0812 State ex rel. Savage v. Schwarz

Joseph Savage appeals an order affirming his probation revocation and quashing his writ of certiorari. The Department of Corrections began proceedings to revoke Savage’s probation after he violated several conditions. At Savage’s revocation hearing, the administrative law judge (ALJ) found ...

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High court discusses stipulated vacatur

The state Supreme Court continues to look at a proposal designed to keep litigants from bargaining with court decisions. Last week, the court resumed discussions on a proposal to eliminate stipulated reversal and stipulated vacatur. The Supreme Court "approved in ...

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Inaccurate info results in vacated sentence

Hon. Charles B. Schudson Where a prosecutor informed the court on several occasions at sentencing that a defendant beats pregnant women, without factual basis for that assertion, the sentence must be vacated, the Wisconsin Court of Appeals held on Nov. ...

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Sentencing Case Analysis

If published as recommended, the decision has potential to be of enormous usefulness to defense attorneys handling appeals. It goes without saying that bringing a postconviction motion to challenge a sentence as having been based on inaccurate information is one ...

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Standing Case Analysis

The decision in this case that Lake Country lacks standing to bring the suit is consistent with the case law. Unfortunately, however, the court’s analysis only further muddles what is already a very convoluted body of case law concerning standing ...

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