Quantcast
Home / News (page 1108) /

News

02-0048 County of Dane v. Oimoen

Todd Oimoen appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, in violation of Wis. Stat. sec. 346.63(1)(a). Oimoen raises two issues regarding a blood draw that was conducted after his ...

Read More »

01-2883-CR, 02-0378-CR State v. Gallagher

David Gallagher appeals his conviction for having sexual intercourse with a child under the age of 13, and an order denying postconviction relief. Gallagher argues that the trial court failed to determine that he understood the nature of the offense ...

Read More »

01-1803 State ex rel. Beaulieu v. Schwarz, et al.

Joshua Beaulieu appeals an order dismissing his petition for a writ of certiorari challenging his probation revocation. Beaulieu argues that his probation revocation was based on unreliable hearsay statements. We conclude that the statements are admissible as exceptions to hearsay ...

Read More »

01-1958 U.S. v. Ackley

“Viewed in the light most favorable to the government, the record contains ample evidence from which the jury could find guilt beyond a reasonable doubt. See United States v. Thomas, 284 F.3d 746, 751 (7th Cir. 2002). Ackley used legitimate ...

Read More »

01-3506 U.S. v. Conn

“Even a lay person familiar with firearms in general would not have the expertise to distinguish between firearms that are collector’s items and firearms that are not. Agent McCart’s opinion was unnecessary as a descriptive tool. The jury was shown ...

Read More »

02-0538 State v. Dibble

“Essentially, Dibble is arguing it is impossible for a person to commit aggravated battery without also engaging in first-degree recklessly endangering safety. On its face, this contention has a certain appeal. … It is tempting to say anyone who acts ...

Read More »

02-0573-CR State v. Pagac

Robert Pagac appeals a judgment convicting him of possession of marijuana. Pagac argues that the trial court should have granted his motion to suppress evidence derived from what Pagac contends was an illegally executed search warrant. This court concludes, however, ...

Read More »

01-2801 U.S. v. Hartz

“Normally, a district court should apply the guideline in effect at the time of the sentencing. United States v. Fones, 51 F.3d 663, 669 (7th Cir. 1995). The guideline in effect at the time of Hartz’s sentencing was § 2F1.1(b)(8)(B). ...

Read More »

01-3325 State v. Balele

Pastori Balele appeals a judgment ordering him to pay the State of Wisconsin $1,114.91. For the reasons discussed below, we affirm the judgment of the trial court. This opinion will not be published. Dist IV, Dane County, Higginbotham, J., Per ...

Read More »

01-2946-CR State v. Russell

Vanessa Russell appeals from a judgment of conviction entered after she pled guilty to two counts of possession of a controlled substance-cocaine (five grams or less), with intent to deliver, and from an order denying her postconviction motion seeking sentence ...

Read More »

02-1202 U.S. v. Hondras

“Issuing a warrant is not synonymous with signing a warrant. See Boyer v. County of Washington, 971 F.2d 100 (8th Cir. 1992). The Federal Rules of Criminal Procedure discuss two types of cases where warrants may issue. Fed. R. Crim. ...

Read More »

01-2660-CR State v. Whitney

Mario V. Whitney appeals from a judgment entered after a jury found him guilty of battery and one count of first-degree sexual assault while using a dangerous weapon. He also appeals from an order denying his postconviction motion. Whitney claims: ...

Read More »

99-3071 State v. Head

“We conclude in this case that Debra’s offer of proof established a sufficient factual basis for a claim of unnecessary defensive force (imperfect self-defense) and that she should have been allowed to present evidence of Harold’s violent character and past ...

Read More »

01-1259-CR State v. Lacy

Johnny Lacy appeals a judgment convicting him on 14 felony charges, including four counts of first-degree sexual assault. He also appeals the order denying him postconviction relief. The issues are whether his constitutional and statutory rights to a speedy trial ...

Read More »

01-2300 U.S. v. Sandoval-Gomez

“We will first address the prosecutor’s statement that defense counsel ‘”is a dignified man and he’s a man of certain … classic lawyerly spirit. He doesn’t want to say Special Agent Rickey is a liar. Never called him a liar ...

Read More »

01-0656 In the Interest of Vairin M. v. Vairin M.

“In this case, criminal proceedings were commenced before the motion for reconsideration was filed. The criminal court assumed exclusive jurisdiction, and the juvenile court lost jurisdiction to reconsider its waiver order. The juvenile court’s subsequent determination that it could not ...

Read More »

01-3247 State v. Crouthers

Lee Crouthers, pro se, appeals two trial court orders denying his motions for postconviction relief. Crouthers contends: (1) that he received ineffective assistance of trial counsel; (2) that he was denied his right of self-representation; and (3) that the trial ...

Read More »

02-2550 Harris v. Cotton

“Section 2244(b) applies by its terms to all section 2254 petitions (though not to section 2241 petitions, as we held in Valona v. United States, 138 F.3d 693 (7th Cir. 1998)), so the only question is whether Harris is correct ...

Read More »

00-0064 State v. Watkins

“First, the circuit court did not provide a clear analysis of its thinking on the legal issues surrounding self-defense and accident. … It is not clear from the record exactly how the court evaluated the defendant’s accident defense at trial. ...

Read More »