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01-0860-CR State v. Gray

James E. Gray appeals from a judgment entered after a bench trial, convicting him of attempting to obtain a controlled substance by fraud, and possession of a controlled substance with intent to deliver. Gray also appeals from the trial court’s ...

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01-1677-CR State v. Schulteis

Michael Schulteis appeals from a judgment entered after a jury found him guilty of two counts of first-degree sexual assault of a child. He also appeals from an order denying his postconviction motion alleging ineffective assistance of counsel. He claims ...

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01-3202 Herrnreiter v. CHA

“A court of appeals has the authority to implement a settlement reached while the case is on appeal. See Fed. R. App. P. 33. But first the court must know the settlement’s terms. When the parties do not agree on ...

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01-1791-CRNM State v. Rivera

Alejandro Rivera appeals a judgment convicting him of first-degree intentional homicide as party to a crime. He also appeals an order denying postconviction relief. Rivera was sentenced to a life term in prison with no eligibility for parole. Appellate counsel ...

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01-1298-CR, 01-0279-CR State v. Crider

Thomas Crider appeals a judgment sentencing him to eighteen years in prison for sexually assaulting his twelve-year-old step-granddaughter. He also appeals an order denying his motion to reduce the sentence. He argues that his trial attorney was ineffective because he ...

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01-1852 McGuire v. City of Springfield

“Failure to pay a judgment or comply with an injunction entered by a court or agency cannot usefully be called ‘retaliation for filing the complaint’; nor is slow payment or even nonpayment a separate violation of federal law. See Evans ...

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01-0873-CR, 01-0874-CR State v. Gulley

James Gulley, acting pro se, appeals from an order denying his motion for postconviction relief without a hearing. The issue on appeal is whether Gulley received ineffective assistance of trial, postconviction, and appellate counsel. Because we conclude that he did ...

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01-2870 Sharif v. Ashcroft

“[8 U.S.C. 1252(g)] does not differentiate among kinds of relief. It names three administrative actions – decisions to ‘commence proceedings, adjudicate cases, or execute removal orders’ – and interdicts all judicial review ‘arising from’ those actions, unless some other part ...

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01-1073-CR State v. Doxtator

Terry Doxtator appeals a judgment convicting him of having sexual contact with his girlfriend’s 11-year-old babysitter, J.C. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. Doxtator argues that his trial ...

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01-1726-CR State v. Williams

Heidi L. Williams was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as second offenses. She moved to suppress the results of a blood-alcohol test administered after her arrest, ...

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01-2497 Mason v. Sybinski, et al.

“In this case, the district court held, and we agree, that a representative payee’s decision to apply benefits to the recipient’s cost of care in a state institution does not amount to other legal process – even when the payee ...

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01-2528-CR State v. Thayer

Yvette Thayer appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense. Thayer argues that the blood test results should have been suppressed because the Informing the Accused form was ...

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01-1368 U.S. v. Anderson

“[W]hile we agree with Anderson that the indictment in the instant case is flawed, we do not find it is so deficient that it must now be set aside. Section 2252A(a)(5)(b) states that any person who ‘knowingly possesses . . ...

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01-1703 State v. Dentici

“Dentici reported to jail on the same day that he was sentenced, was turned away due to overcrowding, and was, therefore, at liberty through no fault of his own. Accordingly, he is entitled to sentence credit for the intervening period ...

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01-0414-CR State v. Morris

Michael L. Morris appeals from the judgment of conviction, following his guilty plea to sexual exploitation of a child, and from the order denying his motion for postconviction relief. In a series of somewhat vague and disjointed arguments, Morris contends ...

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01-1403 State v. Marshall

This is so because even though the implied consent statute provides an incentive for voluntary chemical testing, i.e. not facing civil refusal procedures and automatic revocation, voluntary testing is not the exclusive means that blood, urine or breath samples may ...

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99-3354-W State ex rel. Seibert v. Macht

“Respondents Phillip Macht and the Circuit Court for Outagamie County move this court for reconsideration of its opinion in State ex rel. Seibert v. Macht, 2001 WI 67, 244 Wis.2d 378, 627 N.W.2d 881, for the limited purpose of revising ...

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00-3524 State v. Wallace

“The record before us contains no evidence that police created a coercive atmosphere in order to obtain Wallace’s consent, nor is there any evidence that they misrepresented their purpose or authority in making the request to search. … “Finally, in ...

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01-1550 Campbell v. Smith, et al.

Gary Campbell, a prison inmate, appeals from an order dismissing his action against Jerry Smith Jr., and Fred Melendez, two members of the Wisconsin Parole Commission. His complaint sought damages in tort for the respondents’ alleged violation of his due ...

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