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01-2690-CR State v. Jorgensen

Patty Jorgensen appeals a judgment of the circuit court finding her guilty of operating a motor vehicle while intoxicated, fourth offense. She also appeals an order denying her motion for postconviction relief. This opinion will not be published. Dist IV, ...

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00-1751 Zelman v. Simmons-Harris

“The instant program is one of true private choice, consistent with the Mueller line of cases, and thus constitutional. It is neutral in all respects towards religion, and is part of Ohio’s general and multifaceted undertaking to provide educational opportunities ...

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00-2916-CR State v. Davis

If the defendant’s expert testifies, either implicitly or explicitly, to facts surrounding the crime, the defendant may be compelled to submit to a psychological examination by a State-selected expert. In this case, involving defendant’s alleged repeated sexual assault of his ...

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01-2205-CR State v. Bowers

David E. Bowers appeals from the judgment entered after he pled guilty to two counts of first-degree sexual assault of a child. Bowers also appeals from the order denying his motion to withdraw his guilty pleas. Bowers submits that the ...

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01-2756 JG Wentworth, SSC, v. Callahan, et al.

Despite a clear anti-assignment clause, Callahan assigned his future payments, obtained in a structured settlement of a products liability suit, to Settlement Capitol Corporation, which, in turn, assigned them to Wentworth. Wentworth challenges the anti-assignment clause; we affirm the circuit ...

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01-1238-CR State v. Lace

Leon J. Lace appeals from the judgment of conviction for possession of marijuana with intent to deliver, as a party to a crime, following a jury trial. He argues that the trial court erred in denying his suppression motion because: ...

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01-595 U.S. v. Ruiz

Although the Fifth and Sixth Amendments provide, as part of the Constitution’s “fair trial” guarantee, that defendants have the right to receive exculpatory impeachment material from prosecutors, see, e.g., Brady v. Maryland, 373 U.S. 83, 87, a defendant who pleads ...

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01-2560 B.B.C., L.L.C. v. Wolline

Lila May Wolline appeals from a judgment terminating her life estate in property owned by B.B.C. L.L.C. Because Wolline’s life estate was subject to terms set out in a settlement agreement between the parties and Wolline failed to comply with ...

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00-10666 Harris v. United States

The prohibition’s structure suggests that brandishing and discharging are sentencing factors. Federal laws usually list all offense elements in a single sentence and separate the sentencing factors into subsections. Castillo v. United States, 530 U.S. 120, 125. The instant statute’s ...

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01-3490 Whiting v. Westray

“Schafer’s alleged misbehavior occurred during sidebars, outside the earshot of the jury. Moreover, the majority of Schafer’s alleged misbehavior occurred right out of the gate; it did not permeate the trial. Judge Lozano himself commended both attorneys on the second ...

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02-0026-FT Kosieradzki v. Mathys

Kyle’s mother and twin brother watched as Kyle was struck by a car; father and sister came out of the house and witnessed the aftermath. Kyle remains severely disabled; the driver’s insurance company agreed to pay its “policy limits;” the ...

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01-2922-CR State v. Betts

Keith S. Betts appeals from the judgment of conviction entered after a jury convicted him of armed robbery. Betts also appeals from the order denying his motion for postconviction relief. Betts claims: (1) a Machner hearing is required to determine ...

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00-2937 Peate v. McCann

“McCann wants this court to accept his version of events-that Peate attacked McIntyre and that McCann attempted to stop the second fight with CNS spray. The district court did just that. It noted that ‘there is [ ] nothing in ...

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