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01-2591 Dahler v. U.S.

“This distinction between challenges to events that are novel to the resentencing (and will be treated as initial collateral attacks) and events that predated the resentencing (and will be treated as successive collateral attacks) has been adopted by every other ...

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00-2650-CR State v. Novak

Timothy Novak appeals a set of judgments convicting him of one count of being party to the crime of arson, two counts of insurance fraud, and one count of false swearing, and also appeals an order denying his motion for ...

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00-3569 U.S. v. Manjarrez

“[T]he ostrich instruction itself made it clear that a defendant does not act ‘knowingly’ when he acts through ‘ignorance, mistake, or accident,’ or where ‘he was merely negligent in not discovering the truth.’ This alone might well obviate any need ...

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00-0628 State v. Schultz

Joseph Schultz appeals a judgment declaring his bar a nuisance. He also appeals an order of abatement enjoining him from operating the bar. Schultz argues that: (1) he was denied actual notice of the conduct upon which the judgment was ...

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00-2948-CR State v. Headrick

Timothy Headrick appeals a judgment convicting him of armed robbery. He argues that the trial court should have suppressed his confession because it was involuntary and it was given after he invoked his right to counsel. We reject these arguments ...

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00-3971, 00-4066, 00-4221 U.S. v. Krilich

“Almost everyone is ‘unusual’ in some respect, and many septuagenarians have conditions similar to Krilich’s. Yet sec.5H1.1 and sec.5H1.4 put normal age-related features off limits as grounds for reduced sentences. Older criminals do not receive sentencing discounts. Many persons in ...

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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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00-2428-CR State v. Calhoun

Raphael C. Calhoun appeals his conviction for possession of cocaine, second or subsequent offense, following a jury trial. He argues: (1) that the trial court erred in denying his motion to strike testimony of a police officer who allegedly violated ...

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00-1879-CR State v. Howell

Frederick L. Howell appeals from the judgment of conviction entered after he pled guilty to one count of felon in possession of a firearm. Pursuant to Wis. Stat. sec. 971.31(10), Howell argues that the trial court erred in denying his ...

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99-2030 Harding v. Kumar

Accordingly, the trial court’s attempt to start the appeal-clock anew via its June 16, 1999, decision was a nullity, as was the July 28, 1999 judgment entered thereon. Accordingly, we dismiss as moot the appeal by BSTV, Chicago Insurance and ...

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00-3117-CR State v. Spencer

Antonio Spencer appeals the judgment convicting him of carrying a concealed weapon while masked, as party to a crime; disorderly conduct while armed and masked, as party to a crime, and obstructing an officer while masked, as party to a ...

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00-2220-CR, 00-2221-CR State v. Jansen

Joseph C. Jansen appeals from the judgments of conviction entered against him. The issues presented for review on appeal are whether Jansen consented to a search of his home, whether a subsequently issued search warrant was proper, and whether a ...

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00-2482 Smyser v. Western Star Truck Co.

“Smyser asserted claims under Wis. Stat. sec. 218.0171(2)(a) and (2)(b) of the Lemon Law. Section 218.0171(2)(a) obligates a manufacturer to repair a nonconformity covered by a warranty under certain conditions. Section 218.0171(2)(b) provides that the consumer may obtain a replacement ...

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00-2055-CR State v. Gogin

Thomas D. Gogin appeals from a judgment convicting him of second-degree sexual assault and false imprisonment and from an order denying his postconviction motion for a new trial. Because we conclude that trial counsel was ineffective, we reverse and remand ...

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00-2364 State v. Williams

William Williams appeals from an order denying postconviction relief from a judgment convicting him of false imprisonment and substantial battery, both as a repeater. He was originally convicted on a plea and placed on probation in 1996. After the Department ...

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01-1298 U.S. v. Dowell

“Contrary to the government’s argument, we have repeatedly held that an error in designating the judgment will not result in a loss of appeal if the intent to appeal from the contested judgment may be inferred from the notice and ...

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00-3423-CR State v. Davis

Stacy Davis appeals a judgment convicting him of two counts of recklessly endangering safety, and an order denying postconviction relief. He argues that his trial counsel rendered ineffective assistance because he failed to make an appropriate offer of proof, failed ...

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00-2982-CR State v. Blackburn

David Blackburn appeals a judgment convicting him of repeatedly sexually assaulting his stepdaughter. He argues that the State failed to present sufficient evidence to support the conviction. We reject that argument and affirm the judgment. This opinion will not be ...

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00-2389 Matlin v. City of Sheboygan

Accordingly, the trial court erred in dismissing plaintiff’s petition. “The interest of the City and public in preventing harm from dilapidated buildings is adequately served by the initial raze order. This triggers the events which may lead to the repair ...

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00-2863 State v. Maxon

Chad T. Maxon appeals his trial court conviction for operating a motor vehicle while under the influence of an intoxicant. He presents three issues: First, he claims that there was not probable cause to stop and arrest him. Second, he ...

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01-1059 Wallscetti v. Fox, et al.

“Wallscetti … points to an April 10, 1997 entry in Lagges’ confidential file. This entry mostly discusses Lagges’s unwillingness to grant Wallscetti a transfer until she provided him with supporting evidence for her allegations against Fox. The end of the ...

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00-2143 Pietrowski v. Dufrane

And this is so even though plaintiffs, and others in the subdivision, had also violated the restrictive covenant by erecting sheds on their property. “The Dufranes assert that ‘the distinguishing factor in the present case is that the plaintiff has ...

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