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00-2828, 00-2865 U.S. v. Felix-Felix

“We conclude that these circumstances were largely of Francisco’s own making and thus did not transform the nature of the police conduct. A Terry stop is, after all, a brief involuntary detention. One of the ways the police might ensure ...

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01-0857-CR State v. Sanders

James Sanders appeals a judgment sentencing him to 10 years in prison and 10 years’ extended supervision for second-degree sexual assault, and an order denying his postconviction motion. He argues that the State’s sentence recommendation violated the plea agreement, his ...

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01-1834 U.S. v. Lopez-Flores,

“All the courts to address the question have held that at least in the case of surreptitious reentry, as in this case, the ‘found in’ offense is first committed at the time of the reentry and continues to the time ...

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01-1135 State v. Parsons

Rosemarie Parsons appeals judgments convicting her of two counts of causing mental harm to a child, one count of recklessly causing bodily harm to a child, and one count of failing to prevent bodily harm. She also appeals an order ...

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01-2409 U.S. v. Cravens

“First, under Section 5K2.13(2), the district court concluded that Cravens’ offenses involved a serious threat of violence. Cravens approached the teller at the Manufacturers Bank in Lansing, Illinois, and passed her a demand note which read ‘give me your 100s ...

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01-2004-CR State v. Sullivan

Brian Sullivan appeals the judgment of conviction for resisting an officer as a repeater, which was entered based on Sullivan’s plea, and the order denying his postconviction motion to withdraw his plea or be resentenced. The motion was denied under ...

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00-0889 State v. Davis

“This interpretation of Wis. Stat. § 971.11(7) granting a circuit court the discretion to dismiss a criminal case with or without prejudice best serves the legislative purposes: …We further agree with the court of appeals that to interpret § 971.11(7) ...

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01-1494-CR State v. Ventrice

Lawrence Ventrice appeals from a judgment of conviction for four counts of causing injury by use of a motor vehicle while under the influence of an intoxicant, and four counts of causing injury while operating a motor vehicle with a ...

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01-0323 Zentgraf v. The Hanover Insurance Co.

“The Zentgrafs rely entirely on portions of Mr. Zentgraf’s deposition. The brief portions to which they refer, however, aside from confirming that the Zentgrafs had a long-term marriage and two minor children, merely establish that although his treating physician had ...

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01-0615-CR State v. Borowitz

Richard Borowitz appeals a judgment convicting him on charges of manufacturing marijuana, and possessing it with intent to deliver. Borowitz entered a no contest plea to the charges after the trial court denied his motion to suppress much of the ...

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01-0549 State v. Kolp

This is because the officer who conducted the pat-down search of defendant had considerable experience in the execution of search warrants and he knew that persons involved in drugs often carried weapons. “In this context, however, we do not distinguish ...

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01-1837-CR State v. Arneson

The State of Wisconsin appeals from an order granting Brandy Arneson’s motion to suppress evidence discovered after she consented to a search of her car. The issue is whether Arneson gave her consent voluntarily. Although we agree with Arneson that ...

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00-3406 & 01-2337 Cruz v. Town of Cicero

“Given the evidence in the record of the unprecedented, selectively applied, and substantively questionable standards that Loren-Maltese imposed on Gonzalez shortly after Gonzalez attempted to ‘take care of her’ with a bouquet of flowers, a reasonable jury could also have ...

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00-3364 State v. Loranger

Although McKee was implicitly overruled by the U.S. Supreme Court’s decision in Kyllo v. United States, 533 U.S. 27 (2001), we conclude that suppressing the thermal imaging evidence would serve no remedial purpose where Kyllo had not yet been decided ...

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00-3506-CR State v. Moss

Robert Moss appeals a judgment convicting him of possession of cocaine with intent to deliver it. He claims the trial court erred in denying his motion to suppress evidence which police seized from a residence he was occupying at the ...

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01-2351 Dimenski v. INS

“Any other position would have astonishing sweep. Think for a moment of tax law. There are endless forms to fill out, and each decision about how to classify a transaction may have substantial effects, yet attempting to fit the Internal ...

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01-1266 State v. Fondren

Willie C. Fondren appeals from an order denying his motion for sentence modification. Fondren makes three almost incomprehensible arguments in support of sentence modification; as best we can tell, Fondren argues that his trial counsel was ineffective, that the trial ...

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00-1125 Winters v. Miller

“[A]lthough the bailiff’s failure to inform the judge of the jury’s inquiries was inappropriate, it was harmless error and does not warrant reversal. Winters has not established that the substance of the bailiff’s first ex parte response was prejudicial to ...

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00-3940 U.S. v. Chemetco, Inc.

“Section 309(c)(2) of the CWA, which allows for ‘a fine of not less than $5,000 nor more than $50,000 per day of violation,’ also lacks a statutory maximum penalty. 33 U.S.C. sec. 1319(c)(2). Thus, even though the sentence imposed under ...

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99-2580 State v. Kramer

Where the prosecutions for video gambling were limited to Fond du Lac tavern owners, we conclude that defendant has established a discriminatory purpose on the part of the State because the prosecutions were based on an arbitrary consideration: geographic location. ...

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99-3277 Okai v. Verfuth, et al.

“The only evidence regarding the substance of the disciplinary reports and the nature of the officers’ suspensions came in the form of affidavits from Lieutenant Verfuth and Officer Zachary. In those affidavits, both officers averred that their suspensions were unrelated ...

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01-0221 Calaway v. Village of Allouez, et al.

Thomas Calaway, Sandra Calaway and Catherine Calaway-Schounard (collectively, the Calaways) appeal from a trial court order affirming a Village of Allouez raze order. The Calaways argue that the raze order is unreasonable because (1) the Village did not consider repair ...

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