Quantcast
Home / News (page 1124) /

News

01-1118 State v. Herman

Defendant maintained that suspension of his license was not warranted because he was not driving at the time of his offense and he needs his car for employment, further arguing that the court had discretion to suspend his license for ...

Read More »

01-1163-CR State v. Lowe

Mark Lowe appeals a judgment convicting him of several drug offenses. Lowe argues that because the arresting officer lacked probable cause to believe a crime had been committed, the trial court erroneously denied his suppression motion. Therefore, Lowe contends that ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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. ...

Read More »

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 ...

Read More »

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 ...

Read More »

01-3101 U.S. v. Huusko

“Huusko contends that the district court failed to give any weight to the prospect that he had been wrongly convicted and would win his appeal. If that should happen, he argues, he would be improperly held in federal custody while ...

Read More »

01-1047-FT Morse v. Kloss

Daniel and Karen Morse appeal a judgment dismissing their adverse possession and prescriptive easement claims against Ernest and Joyce Kloss’s adjoining lake lot. The Morses raise three issues: whether (1) the findings of fact support adverse possession or a prescriptive ...

Read More »

01-1088 State v. Carlson

“The plain language of Wis. Stat. § 978.045 authorizes two distinct ways in which a court may appoint a special prosecutor. This is signified by the use of the word ‘or.’ Subsection (1g) states that a court may appoint a ...

Read More »

01-0520-CR State v. Anderson

Maxine Anderson appeals from a judgment convicting her of child abuse and first-degree reckless homicide. On appeal, she argues that she was prejudiced by the prosecutor’s improper cross-examination of her, the circuit court should have granted her motion for a ...

Read More »

01-0231 VanCleve v. City of Marinette

“The statute states that if the damages are caused by the wrong of the City ‘and of any person, or private corporation, such person or private corporation shall be primarily liable therefor.’ Wis. Stat. § 81.17. Therefore, a person who ...

Read More »

01-1443 State v. Cotton

Andrew Cotton appeals his judgment of conviction of a disorderly conduct municipal forfeiture and an order denying his motion to suppress evidence. Cotton argues that there was no reasonable suspicion to pull his car over and that his continued detention ...

Read More »