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01-2074 U.S. v. Britton

“In the present case, the government contends that the district court’s remedy was appropriate because DeRango’s proffered testimony was easily available through another source – a billing record. DeRango’s motion to withdraw was based upon knowledge that DeRango possessed and ...

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01-2721 State v. Parker

“A defendant may not sit back while evidence is available and then argue for a new trial on the grounds that evidence is no longer available to him or her.” Further, according to trial defense counsel’s recollection, the contents of ...

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01-0490 County of Winnebago v. Wicklund

Roy D. Wicklund appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) in violation of a Winnebago County ordinance. Wicklund challenges the trial court’s ruling denying his motions to suppress evidence of a blood test. ...

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01-2154 U.S. v. Traeger

“Here, our review of photographs of the lineup indicates that, although Traeger was larger than the other participants, the size differential was not so great as to make the lineup unduly suggestive. Additionally, we note that it would have been ...

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01-1864 State v. Opalewski

“All of the acts, both past and present, involved Opalewski taking advantage of minor children with whom he shared a familial or quasi-familial relationship for his own sexual gratification. This is a critical similarity. That he would have more than ...

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01-2834-CR State v. Lopez

Nicole Lopez appeals from a judgment convicting her of operating a motor vehicle while intoxicated, second offense. She contends that no probable cause existed to arrest her and therefore the circuit court erred when it denied her motion to suppress. ...

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01-2491 U.S. v. Brown

“Brown alleges on appeal that he is entitled to a new trial because the government failed to turn over the trace report in response to his discovery requests. Even if the government did withhold the report, however, Brown is entitled ...

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01-2207 State v. Mikkelson

“[W]ithout being put on notice that the State was relying on more exceptions than just consent, the court did not have an opportunity to clarify the record regarding those exceptions. It would be unfair to the court and to Mikkelson ...

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01-2703, 01-2704 County of Milwaukee v. Baumgartner

Milwaukee County (County) appeals from the trial court’s dismissal of the municipal ordinance violation charging Baumgartner with operating a motor vehicle under the influence of an intoxicant. In another case charging Baumgartner, the County also appeals from the trial court’s ...

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00-3345 U.S. v. Chiappetta

“Chiappetta must do more than allege that she was emotionally upset during trial to come within the rule of Drope or Pate. ‘Not every manifestation of mental illness demonstrates incompetence to stand trial; rather the evidence must indicate a present ...

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01-2268 Ladopoulos v. PDQ Food Stores Inc.

Nick Ladopoulos appeals from a summary judgment dismissing his claims for intentional misrepresentation, tortious interference with a prospective contract and breach of the covenant of good faith and fair dealing against PDQ Food Stores, Inc. In addition, Ladopoulos challenges the ...

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01-1545-CR State v. Donahue

Clinton Donahue appeals from a judgment convicting him of possessing THC, as a second offense. He challenges the denial of a suppression motion, claiming that the police lacked reasonable suspicion to search his car for weapons and that, even if ...

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01-0204-CR State v. Wilson

Ronald Wilson appeals a judgment of conviction. The issue is whether evidence should have been suppressed. We affirm. This opinion will not be published. Dist I, Milwaukee County, Schellinger, J., Per Curiam Attorneys: For Appellant: Russell D. Bohach, Milwaukee For ...

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01-3593 U.S. v. Leonard

“In Leonard’s case, all the financial transactions considered fall within the scope of ‘relevant conduct’ as defined in section 1B1.3(a)(2). Although Leonard pled guilty to filing a single false tax return, the record clearly shows that she engaged in additional ...

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01-3750, 01-3751 U.S. v. Crum

“The Crums rely on an alleged distinction between the ‘Treasury Department’ and the ‘Department of the Treasury.’ They assert that the ‘Treasury Department’ and the ‘Department of the Treasury’ are ‘distinct statutory entities, each with a separate identity, history, stature, ...

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01-1979 Wisconsin Seafood Inc. v. Fisher

Order affirmed. Recommended for publication in the official reports. DISSENTING OPINION: Hoover, P.J. “While I appreciate the trial court’s and the majority’s rationale, I would hold that Wisconsin Seafood was the prevailing party in the arbitration proceeding. I therefore respectfully ...

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00-1680 State v. Jennings

“The Supreme Court’s decision in Davis means that Wentela and [State v.] Walkowiak, [183 Wis.2d 478 (1994] are no longer valid as a matter of Fifth Amendment law, and we therefore overrule them. We also decline, in this instance, to ...

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02-0022 Laska v. Laska

“Although the signature need not be handwritten, the term ‘subscribed’ cannot be read to dispense altogether with a written indication of assent. To give such an expansive meaning to the term would frustrate the purpose of the statute, which is ...

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01-1254 Palumbo, et al. v. Kidder, et al.

Brian Kidder appeals and Karin Palumbo cross-appeals a judgment awarding Palumbo damages for injuries she suffered in a traffic accident. Kidder argues that the trial court should have granted his motion to change the $120,000 award for future loss of ...

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01-3384 U.S. v. Tully, et al.

“The claimants’ Notices of Claims requested that ‘their interests [i.e., alleged equitable liens] in this cause be protected by the [district court].’ However, at the time they filed this collective notice no such ‘interests’ had yet been established. Thus, while ...

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01-1393 State v. Franszczak

“The flaw in Franszczak’s argument lies in his assumption that the evidence was exculpatory when it was in the possession of the crime lab. When the evidence was seized and submitted to the crime lab, the State did not know ...

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01-344 Thompson v. Western States Medical Center

The Government asserts that three substantial interests underlie the FDAMA: (1) preserving the effectiveness and integrity of the FDCA’s new drug approval process and the protection of the public health it provides; (2) preserving the availability of compounded drugs for ...

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