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02-0485 County of Sheboygan v. Jacobsen

Michael L. Jacobsen waived his right to appeal when he entered a “no contest” plea to the civil forfeiture charge of operating a motor vehicle while intoxicated. Appeal is dismissed. This opinion will not be published. Dist II, Sheboygan County, ...

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02-0789 State v. Schertz

“There is nothing in Wis. Stat. sec. 971.17’s legislative history to suggest it should be mandatory, nor does the statute prescribe any penalty for its violation. In fact, the absence of a penalty provision within a statute suggests that a ...

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02-0358 La Crosse County v. Watters

David W. Watters appeals a judgment of conviction for operating a motor vehicle while intoxicated (OMVWI), in violation of a La Crosse County ordinance adopting Wis. Stat. sec. 346.63(1)(a), as a first offense. Affirmed. This opinion will not be published. ...

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Statements must be considered individually

Hon. Ralph Adam Fine When determining whether to admit a hearsay statement as a statement against interest, each declaration is to be viewed separately, the Wisconsin Court of Appeals held on Sept. 24. Conflicting Stories In September 2000, ninety-two-year-old Constance ...

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Hearsay

The decision is the second by the court of appeals this year to apply the rule of Williamson that a court must determine the admissibility of each declaration separately to determine if it is a statement against interest. In July, ...

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401(k) losses must be shared by divorcees

We fail to see how “fairness” would be served by shielding Susan from any post-divorce decline in plan value, while imposing the entire loss on Daniel. Judge David G. Deininger Wisconsin Court of Appeals Where a marital settlement agreement unambiguously ...

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Market Losses

Given the recent bear market, especially in some sectors, there is obviously a lot of money riding on the interpretation of this case. Future marital settlement agreements should be carefully reviewed to ensure that they unambiguously allocate risk. The decision ...

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Make the most of opening statements

Jeffery Robinson Silence, during opening statements, is not golden, according to a Seattle criminal defense attorney. Jeffery Robinson of Schroeter Gold-mark & Bender in Seattle has handled more than 200 trials during his time in practice. Robinson drew on his ...

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01-3186 City of Milwaukee v. Derynda

Thaddeus J. Derynda appeals from a judgment entered in favor of the City of Milwaukee and dismissing his counterclaim. Derynda argues that: (1) he was denied due process of law because he was not personally served with a raze order ...

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01-1355 Gray v. Briley

“We recognized in Brooks that there are some situations, such as the one the U.S. Supreme Court itself faced in Saffold, or the one we faced in Rice v. Bowen, 264 F.3d 698 (7th Cir. 2001), in which it is ...

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02-0750 Kempf v. Lilek

Melvin and Irene Kempf appeal a judgment establishing the boundary of their vacation property on Long Lake in Lincoln County. The Kempfs initiated the suit to prevent their neighbors, Michael and Jill Lilek, from further encroaching on what they believed ...

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01-3867 Perry v. McCaughtry

“The charges, the attorneys’ arguments, Perry’s own statements offered into evidence and the jury instructions as a whole all spoke in terms of Perry’s culpability on each count as a party to the crime. Thus, it was absolutely clear at ...

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01-1434 State v. Fenz

This is because the court determined that defendant needed to receive institutional sexual offender treatment and that completion of the program required at least six years’ incarceration. “In order to accomplish this very specific incarceration goal, it was necessary for ...

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02-1412 Godoski v. U.S.

“[C]oram nobis is used only in those rare situations when the defendant is no longer ‘in custody’ (rendering §2255 unavailable) yet collateral relief remains imperative to deal with lingering civil disabilities. … A person whose incarceration lies in the future ...

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01-3049 State v. Joyner

“Inexplicably, the Dissent ignores that Shelleen Joyner’s ‘alibi’ was, to use the Dissent’s word, ‘torpedoed’ by her own statements to Officer Becker. Her admission to Officer Becker that she had ‘gone to that area on the east side to visit ...

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02-0666 Gregory v. Webster

Samuel Webster appeals from the judgment entered after a bench trial awarding the plaintiff, Michael D. Gregory, Jr., $4,087.39 in damages and costs as the result of an injury that occurred on Webster’s property. Webster contends: (1) Gregory failed to ...

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01-2839 U.S. v. Costello

“The examples in the application notes to the guideline are limited to such cases, see U.S.S.G. § 2G1.1 Application Note 2, and the history and logic of prostitution offenses argue strongly for the limitation. Prostitution is a business, and when ...

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02-0097-CR State v. Mann

Timothy Shawn Mann appeals from a judgment of conviction entered after a jury convicted him of two counts of delivery of cocaine, and one count of bail jumping. He also appeals from the trial court’s order denying his postconviction motion ...

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02-0250-CR State v. Doyle

Dontae L. Doyle appeals from a judgment entered after a jury found him guilty of eight counts of armed robbery (while concealing identity), one count of attempted armed robbery, two counts of recklessly endangering safety, and one count of fleeing ...

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01-2253-CR State v. Zoellick

Timothy P. Zoellick appeals a judgment of the circuit court convicting him of one count of disorderly conduct and one count of bail jumping, both as a habitual criminal. Zoellick presents the following four issues: (1) the evidence presented was ...

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