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01-3500 City of Sheboygan v. Taylor

Bradley R. Taylor appeals his conviction of driving while intoxicated and the trial court order denying his motion to reopen. He acknowledges that no Wisconsin statute or appellate decision allows an insanity defense for traffic forfeiture actions but requests that ...

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01-1825 Smith v. Anderson, et al. (57294)

Tracy Smith appeals a summary judgment dismissing her intentional infliction of emotional distress action against two Marathon County social workers, Patricia Anderson and Bonnie Kinate. Smith’s complaint alleged that the social workers intentionally inflicted distress on her by their activities ...

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02-0188-CR State v. Workman

Jeffrey Workman appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant, third offense. He argues that the circuit court erred by denying his suppression motion. According to Workman, the officer lacked probable ...

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02-0533-CR State v. Kidd

This is an appeal from a judgment convicting Michael Kidd of operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol content. Because Kidd had three prior convictions, he was subject to more severe ...

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02-0286-CR State v. Sexton

Bradley Sexton appeals a judgment convicting him of operating a motor vehicle while intoxicated, and operating a vehicle with a prohibited blood alcohol concentration. Sexton argues that the trial court erred by not exercising its discretion when it ruled that ...

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01-2337-CR State v. Zuerner

Russell Zuerner appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI) as a third offense. He claims the trial court erred in denying his motion to suppress evidence of the results ...

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01-1140-CR State v. Petersen

Mark R. Petersen appeals pro se from a judgment convicting him after a jury trial of possession of tetrahydrocannabinols (marijuana) with intent to deliver within 1000 feet of a park. On appeal, he challenges the circuit court’s refusal to suppress ...

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01-2033-CR State v. Neuman

Jeffrey Neuman appeals an order which amended his judgment of conviction on a felony drug charge to provide additional presentence credit. The issue is whether the trial court properly computed his sentence credit. We reverse and remand for a redetermination ...

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01-2174 Bank One, Wisconsin v. Koch

This is because the statute’s reference to “all damages” incorporates the American rule of damages that attorneys’ fees are not recoverable by a prevailing party unless certain exceptions apply. “In this case, the statute under which Stair seeks recovery does ...

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00-3065 State v. Williams

“Given Koresch’s qualifications and experience, her close connections to the tests and procedures implicating Williams, and her expert opinion that the tested substance contained cocaine, we determine that the admission of her testimony did not violate Williams’ right to confrontation.” ...

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01-1248 Osman v. Phipps, et al.

“In this case, because the circuit court did not make ‘a decision on the merits’ after remand, its Sept. 26, 2000 document does not constitute a judgment, and the award of statutory interest and double costs, therefore, was in error.” ...

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01-147 SEC v. Zandford

Assuming that the complaint’s allegations are true, respondent’s conduct was “in connection with the purchase or sale of any security.” Among Congress’ objectives in passing the Act was to ensure honest securities markets and thereby promote investor confidence after the ...

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01-2772 Caraher v. City of Menomonie

“We conclude that the facts of this case are materially distinguishable from those in Cords v. Anderson, 80 Wis. 2d 525, 259 N.W.2d 672 (1977), the case upon which the Carahers’ ‘known and present danger’ argument relies…. “There are two ...

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01-2486 Ueland v. U.S.

“Use of depositions as substantive evidence is normal in federal practice. What is even more disappointing than the district judge’s spontaneous refusal to admit the deposition is the United States Attorney’s defense of that decision. A claim of harmless error ...

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01-2752 U.S. v. Gajdik

“Gajdik’s successful participation in the Illinois Impact Incarceration program did not operate to ‘suspend’ the remainder of his five-year sentence for burglary. Rather, the procedure more closely resembles a pardon or commutation by the executive. Although an Illinois inmate’s time ...

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01-3660 U.S. v. Gutierrez-Herrera

“[W]hether or not Mr. Gutierrez’s effort to reacquire the lost kilograms was part of the conspiracy to distribute them initially, his personal involvement in the September transaction renders it relevant conduct. “Mr. Gutierrez went to the Popeye’s for the specific ...

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01-2965 State v. Smith

Thomas Smith appeals from a judgment and an order denying his motion for postconviction relief. He contends that his repeater status was not established in accordance with Wis. Stat. secs. 939.62(1) (1997-98) and 973.12. We disagree and affirm. Not recommended ...

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00-2248-CR State v. DeFliger

Robert DeFliger appeals a judgment of conviction and an order denying his postconviction motion. The issues relate to extraneous jury information, ineffective assistance of counsel, and other matters. We affirm. This opinion will not be published. Dist IV, Marquette County, ...

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01-1248 Osman v. Phipps, et al. (57260)

“In this case, because the circuit court did not make ‘a decision on the merits’ after remand, its Sept. 26, 2000 document does not constitute a judgment, and the award of statutory interest and double costs, therefore, was in error.” ...

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01-3282 State v. Michels, et al.

Gary A. Michels appeals from the trial court’s order forfeiting his rights to his 1957 Triumph automobile and transferring title to the State of Wisconsin. Michels contends: (1) Section 346.65(6), as applied to his 1957 Triumph, violates the Double Jeopardy ...

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01-1966 State v. McKee

Although we agree with defendant that Wis. Stat. sec. 939.71 is ambiguous because it does not plainly express the legislature’s intent regarding its application when facts necessary for the prosecution of a given crime do not come into existence until ...

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01-1514-CR State v. Paul

John Paul appeals from judgments convicting him of arson, criminal damage to property and nine counts of first-degree recklessly endangering safety and from an order denying his postconviction motion for a new trial due to ineffective assistance of counsel. He ...

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01-2724 Zambrano v. Reinert

“The Secretary asserts that Wisconsin’s interest in treating seasonal fruit and vegetable processing workers differently is to ensure that workers receiving unemployment compensation benefits are firmly committed to the Wisconsin labor market. Because fruit and vegetable processing occurs during only ...

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