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00-1606-CR State v. Staples

William Staples appeals pro se from a judgment entered after he pled guilty to possession with intent to deliver a controlled substance (cocaine). Staples claims that the trial court erred when it denied his motion to suppress evidence. Specifically, Staples ...

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00-3640 U.S. v. Palomino-Rivera

“Mr. Palomino-Rivera submits that he presents an atypical case that was not adequately considered by the Sentencing Commission. … The district court agreed and, in granting the downward departure, explained that it did not ‘think this kind of a borderline ...

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01-0329-CR State v. Van Beek

Joseph Van Beek appeals a judgment of conviction for receiving stolen property. Van Beek claims the trial court erred by denying his motion to suppress evidence. We disagree and affirm. This opinion will not be published. Dist III, Brown County, ...

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01-1159 Piaskowski v. Bett

“The State’s meager circumstantial evidence against Piaskowski is also innocuous. The fact that Piaskowski was present in coop 9 prior to the beating and entered coop 7 after the beating, 2 or 3 minutes after Kutska and Moore, proves little ...

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99-3040 State ex rel. Kaminski v. Schwarz

“We cannot agree that the legislature intended to prohibit notification of potentially vulnerable persons; nothing in the language of the statutes or in the legislative history supports such a conclusion. Such a conclusion would invalidate the notice in rule 16-3 ...

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00-2854 Tezak v. U.S.

“[C]onflicting testimony was presented about the filing of an appeal. The district court did not credit Casey’s deposition testimony, which the court stated indicated a bias against Popuch on Casey’s part due to the check forgery. Also, given Tezak’s vocal ...

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99-1069 Neff v. Pierzina

“[T]he determination whether an insurer has been prejudiced by the lack of timely notice is essentially a question of fact. The fact finder’s determination should not be set aside unless it is clearly erroneous. Wis. Stat. sec. 805.17(2). Wisconsin Stat. ...

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98-2595-CR State v. Eason

“In the 17 years since Leon became law, there is no evidence here, and none has been offered, that the good faith exception has given rise to increased police abuse or oppression… [W]e find that Article I, Section 11 of ...

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00-3090 U. S. v. Espinoza

“Given Espinoza’s resistive physical response to the officers’ attempt to gain forcible entry into his home (holding the door shut to prevent the officers from entering) we fail to see how the officers’ alleged failure to wait an objectively reasonable ...

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99-2296-CR State v. Henderson

“The rule against ‘rehabilitating’ a warrant after-the-fact by information known to the police but not included in the warrant application… applies only to challenges to the sufficiency of a search warrant under the warrant clause, not challenges to the manner ...

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00-1992 Herlache v. Zahran, et al.

Robin and Karen Zahran have appealed pro se from an order entered in the trial court on June 20, 2000, establishing the amount to be paid by them for the redemption of property which was the subject of a sheriff’s ...

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00-3174 U.S. v. Mitchell

“The officers, upon their arrival at the scene, clearly did not have sufficient information to immediately arrest Mitchell for being a felon in possession. However, we are of the opinion that the combination of a report of shots being fired, ...

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00-1967 U.S. v. Martinez

“The testimony of Gladney, Martinez’s main supplier of crack (but not his only source as testimony indicated at trial), places Martinez in possession of a minimum of 30 ounces (850.5 grams) of crack. In addition, there were numerous witnesses who ...

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00-2625-CR State v. Lee

Eugene Lee appeals a judgment convicting him as a felon in possession of a firearm, as a repeat offender. He also appeals an order denying his motion for postconviction relief. The issue on appeal is whether the trial court properly ...

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00-3227 U.S. v. Bautista

“[W]e see nothing in the Guidelines that forbids consideration of extralegal consequences that follow a sentence as grounds for a departure. In Koon, for example, the Supreme Court reversed the Ninth Circuit’s holding that career loss following imprisonment could never ...

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00-0076 State ex rel. Spriggie Hensley v. Endicott

Although plaintiff argued that there was a “futility” exception to the PLRA, that it would essentially be futile to require plaintiff to bring his constitutional challenges to the rules in question before the institution’s complaint review committees and appeal personnel ...

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01-2460 Graham v. Lappin

“Plaintiffs have standing, for they allege both a concrete injury to themselves and the possibility that the relief they seek will redress that injury. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Moreover, a district court is ...

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99-0946 Salveson v. Douglas County

“In deciding to award back pay, the circuit court found that Salveson was physically unable to work as a full-time street paramedic, but that she was able to perform other, less rigorous paramedic work. The court noted that after she ...

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01-0203 Town of Madison v. Gartland

Randall E. Gartland appeals a circuit court judgment convicting him of speeding. He argues that the circuit court erred in failing to dismiss the charge against him because the prosecutor failed to comply with a court order requiring him to ...

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00-2326 Newsome v. McCabe

“Putting Buckley and all problems of establishing causation to one side, we make the normal immunity inquiry: was it clearly established in 1979 and 1980 that police could not withhold from prosecutors exculpatory information about fingerprints and the conduct of ...

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99-0649 Martindale v. Ripp

And, because we conclude that this erroneous exercise of discretion affected plaintiff’s substantial rights, we reverse and remand the case to the circuit court for a new trial. “Here the circuit court erred for several reasons. First, the circuit court ...

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98-3329 Baierl v. McTaggart

Accordingly, summary judgment was properly entered in favor of the tenants and the decision of the court of appeals must be reversed. Although the landlord argues that the illegal provision is severable from the remainder of the lease, we disagree. ...

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