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00-2900 U.S. v. Martinez

“Martinez first argues that the sentences imposed by the district court are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466 (2000). Apprendi holds that factual findings (other than prior convictions) that raise a defendant’s sentence above the ...

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01-1009 Ande v. Rock et al.

“Additionally, uncontradicted materials submitted in the circuit court by the respondents during the summary judgment proceedings show that Aronson is the Chief Medical Officer for Family and Community Health for the Wisconsin Division of Public Health within the Wisconsin Department ...

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01-1476-CR State v. Weed

Patricia Weed appeals from a judgment of conviction for first-degree homicide while armed and from an order denying her postconviction relief. She raises three issues. First, she claims that the circuit court incorrectly applied the recent-perception hearsay exception in admitting ...

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01-0680-CR State v. Toles

William Ray Toles appeals a judgment of conviction. The issues relate to whether his statement to police should have been suppressed. We affirm. This opinion will not be published. Dist IV, Rock County, Roethe, J., Per Curiam Attorneys: For Appellant: ...

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01-1293 Cerros v. Steel Technologies, Inc.

“The district court acknowledged that it had to consider the totality of the circumstances, but its findings of fact fell short of what Harris, Oncale, and Breeden require; moreover, its ultimate conclusion does not seem to have taken into account ...

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01-2617-CR State v. Lowery

Ontario Lowery appeals from a judgment of conviction for one count of delivering cocaine and two counts of bail jumping. He argues that it was plain error to admit testimony that Lowery had sold cocaine in the past. Because we ...

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01-3141 Krougliak v. INS

“[I]t appears that the evidence he wished to present was neither new nor previously unavailable. First and foremost, the document that formed the basis of Krugliak’s motion to reopen was in existence at the time of his asylum hearing. Krugliak’s ...

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01-1311 State v. Haines

There is no ex post facto violation in applying the amended limitation period to defendant because, on its face, the amendment did not remove a defense that was available to defendant in 1992. “Indeed, such ‘defense’ would not have been ...

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01-1357-CR State v. Schroedl

Terry Schroedl appeals a judgment of conviction and an order denying postconviction relief. Schroedl was convicted of four counts of first-degree sexual assault of a child, two counts of exposing genitals to a child, and two counts of child enticement-sexual ...

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01-2074 U.S. v. Britton

“In the present case, the government contends that the district court’s remedy was appropriate because DeRango’s proffered testimony was easily available through another source – a billing record. DeRango’s motion to withdraw was based upon knowledge that DeRango possessed and ...

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01-2721 State v. Parker

“A defendant may not sit back while evidence is available and then argue for a new trial on the grounds that evidence is no longer available to him or her.” Further, according to trial defense counsel’s recollection, the contents of ...

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01-0490 County of Winnebago v. Wicklund

Roy D. Wicklund appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) in violation of a Winnebago County ordinance. Wicklund challenges the trial court’s ruling denying his motions to suppress evidence of a blood test. ...

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01-2154 U.S. v. Traeger

“Here, our review of photographs of the lineup indicates that, although Traeger was larger than the other participants, the size differential was not so great as to make the lineup unduly suggestive. Additionally, we note that it would have been ...

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01-1864 State v. Opalewski

“All of the acts, both past and present, involved Opalewski taking advantage of minor children with whom he shared a familial or quasi-familial relationship for his own sexual gratification. This is a critical similarity. That he would have more than ...

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01-2834-CR State v. Lopez

Nicole Lopez appeals from a judgment convicting her of operating a motor vehicle while intoxicated, second offense. She contends that no probable cause existed to arrest her and therefore the circuit court erred when it denied her motion to suppress. ...

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01-2491 U.S. v. Brown

“Brown alleges on appeal that he is entitled to a new trial because the government failed to turn over the trace report in response to his discovery requests. Even if the government did withhold the report, however, Brown is entitled ...

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01-2207 State v. Mikkelson

“[W]ithout being put on notice that the State was relying on more exceptions than just consent, the court did not have an opportunity to clarify the record regarding those exceptions. It would be unfair to the court and to Mikkelson ...

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01-2703, 01-2704 County of Milwaukee v. Baumgartner

Milwaukee County (County) appeals from the trial court’s dismissal of the municipal ordinance violation charging Baumgartner with operating a motor vehicle under the influence of an intoxicant. In another case charging Baumgartner, the County also appeals from the trial court’s ...

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00-3345 U.S. v. Chiappetta

“Chiappetta must do more than allege that she was emotionally upset during trial to come within the rule of Drope or Pate. ‘Not every manifestation of mental illness demonstrates incompetence to stand trial; rather the evidence must indicate a present ...

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01-2268 Ladopoulos v. PDQ Food Stores Inc.

Nick Ladopoulos appeals from a summary judgment dismissing his claims for intentional misrepresentation, tortious interference with a prospective contract and breach of the covenant of good faith and fair dealing against PDQ Food Stores, Inc. In addition, Ladopoulos challenges the ...

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01-1545-CR State v. Donahue

Clinton Donahue appeals from a judgment convicting him of possessing THC, as a second offense. He challenges the denial of a suppression motion, claiming that the police lacked reasonable suspicion to search his car for weapons and that, even if ...

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01-0204-CR State v. Wilson

Ronald Wilson appeals a judgment of conviction. The issue is whether evidence should have been suppressed. We affirm. This opinion will not be published. Dist I, Milwaukee County, Schellinger, J., Per Curiam Attorneys: For Appellant: Russell D. Bohach, Milwaukee For ...

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01-3593 U.S. v. Leonard

“In Leonard’s case, all the financial transactions considered fall within the scope of ‘relevant conduct’ as defined in section 1B1.3(a)(2). Although Leonard pled guilty to filing a single false tax return, the record clearly shows that she engaged in additional ...

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01-1631-CR State v. Duchay

Darla Rae Duchay appeals a judgment convicting her of two counts of forgery-uttering, one count as a habitual criminal. She also appeals the order denying her motion for postconviction relief. Duchay argues that the circuit court: (1) violated her due ...

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