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00-1886-CR State v. Hoppe

The State of Wisconsin appeals the trial court’s order granting Paul Hoppe’s motion to suppress all statements he made to police officers of Portage County in connection with their investigation of the death of Jacqueline Simon, Hoppe’s girlfriend. The statements ...

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00-4133 U.S. v. Walton

“[E]nhancing Walton’s sentence under sec. 2G2.2(b)(3) without requiring any proof that Walton intentionally received images depicting sadism, masochism, or other violent conduct does not deprive Walton of sec. 2252’s scienter requirement. As the government notes, Walton’s knowledge and intent regarding ...

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00-2049 Nilssen v. Motorola, Inc.

“By splitting the patent and trade-secret theories into two suits, the district court … directed the eventual appeals to two different courts. If things remain as they are, we will hear the state-law theories, and the Federal Circuit the patent ...

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00-2647 U.S. v. Estrada

“At base, the government’s arrangement with Varela can be characterized as a problematic means of pursuing a drug case. During all of the critical junctures of the case, from the initial investigatory stage, up to and through the period in ...

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00-2107 Draves, et al. v. Priegel

Gavin Priegel appeals from a judgment granting Gerald and Jeannie Draves, Mark and Dawn Wuerl, and Peter and Diane Wellinghoff (collectively, Draves) an easement over his property and permanently enjoining any conduct restricting exercise of the access easement. Priegel argues ...

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01-0459-CR State v. Arpke

Michael J. Arpke appeals from an order denying his motions challenging the forcible withdrawal of his blood, the constitutionality of dual OWI/PAC prosecution and the adequacy of the information provided to him pursuant to the Implied Consent Law. Because the ...

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00-2887 U.S. v. Gilliam

“Generally, Apprendi does not require facts pertinent to application of the Sentencing Guidelines to be determined under an elevated burden of persuasion… However, this is one instance where Apprendi is applicable to a determination made in accordance with the Sentencing ...

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99-1940-CR State v. Peters

Here, defendant was charged with fifth offense operating after revocation of license (OAR). In order to prevent the progressively higher penalties that flow from repeat OAR offenses, he moved to invalidate his second OAR conviction, alleging that the no contest ...

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00-2346 Honaker v. Smith

“We agree with the district court’s conclusion that, on this record, any action taken by Mr. Smith to cause Mr. Honaker’s house to burn to the ground was not effectuated under color of state law. Mr. Honaker does not explain ...

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00-3032 U.S. v. Ronald Magsino Ytem

“[T]here is plenty of … circumstantial evidence of the defendant’s intent to avoid tax. As in Guidry, the defendant was an accountant, moreover an experienced one; he personally prepared the fraudulent tax return; the sums taken were large (they amounted ...

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99-2047 Palazzolo v. Rhode Island

“The State may not put so potent a Hobbesian stick into the Lockean bundle. The right to improve property, of course, is subject to the reasonable exercise of state authority, including the enforcement of valid zoning and land-use restrictions… The ...

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00-2142 White v. White

Jeffrey White appeals from a judgment, entered pursuant to a contempt motion brought by his ex-wife, Nancy White, ordering him to pay delinquent child support and spousal maintenance, as well as attorneys’ fees, to her. Mr. White claims that the ...

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00-2979 Miller v. Anderson

“The minimally competent lawyer would have presented expert evidence that there was no physical evidence of Miller’s presence at the crime scene, would have greatly undermined the hardware clerk’s evidence, would not have undermined the alibi testimony of Miller’s wife, ...

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99-3199 Servais v. Kraft Foods

Also, because the plaintiffs have made no showing of a method of damage calculation that would not be based on the difference between the milk orders the United States Department of Agriculture (USDA) established and what plaintiffs contend they should ...

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00-2850-CR State v. Clements

Marvin D. Clements appeals from the judgments of conviction, following a jury trial, for two counts under Wis. Stat. sec. 813.12(8), for knowingly violating a domestic abuse temporary restraining order or injunction, and one count of bail jumping, habitual criminality, ...

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00-3774 Reeves v. U.S.

“Reeves paints the government’s case as based on weak circumstantial evidence and Elliot’s incredulous testimony. Given the weakness of the case against him, he asserts that if he had testified a different outcome may well have resulted because the jury ...

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01-0108-CR State v. Buzzell

Stuart Buzzell appeals the judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). He contends the trial court erred in denying his motion to suppress evidence because, he asserts, the evidence was the ...

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00-201 New York Times Co. Inc. v. Tasini

“In determining whether the Articles have been reproduced and distributed ‘as part of’ a ‘revision’ of the collective works in issue, we focus on the Articles as presented to, and perceptible by, the user of the Databases… In this case, ...

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01-0379 City of Fort Atkinson v. Jonas

Trish A. Jonas appeals her conviction for operating a motor vehicle with a prohibited alcohol content (PAC). She contends that the circuit court erred in refusing to suppress the results of her breath test because (1) the police interfered with ...

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