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01-3247 State v. Crouthers

Lee Crouthers, pro se, appeals two trial court orders denying his motions for postconviction relief. Crouthers contends: (1) that he received ineffective assistance of trial counsel; (2) that he was denied his right of self-representation; and (3) that the trial court should have held a hearing on his postconviction motions. We reject his arguments. Accordingly, we affirm. This opinion will ...

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02-2550 Harris v. Cotton

“Section 2244(b) applies by its terms to all section 2254 petitions (though not to section 2241 petitions, as we held in Valona v. United States, 138 F.3d 693 (7th Cir. 1998)), so the only question is whether Harris is correct to so characterize his petition. He is, because section 2254 provides the exclusive federal remedy for a person who, being ...

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00-0064 State v. Watkins

“First, the circuit court did not provide a clear analysis of its thinking on the legal issues surrounding self-defense and accident. … It is not clear from the record exactly how the court evaluated the defendant’s accident defense at trial. Accident is not mentioned in the court’s oral decision. Had the court submitted instructions to the jury, the court and ...

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01-2670-CR State v. Bintz

Robert Bintz appeals a judgment of conviction for first-degree murder, party to a crime, and an order denying postconviction relief. Bintz argues the trial court erred by admitting the statements of his brother David in violation of the hearsay rule and the Confrontation Clause and seeks a new trial. We determine the court properly admitted David’s statements and affirm the ...

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02-1296 Hampton v. Wyant

“What a state has to do is look to the appropriate body of decisional law. Faced with a claim that the police lacked probable cause to make an arrest, a state court could not respond that in Illinois it is proper to arrest without probable cause. Failure to apply applicable law would show that the accused lacked a full opportunity ...

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00-0541 State v. Harvey

This is because a jury instruction that directs a jury to accept as true a judicially-noticed fact that constitutes an element of the crime is indistinguishable from a mandatory conclusive presumption on an elemental fact, which is unconstitutional under Sandstrom v. Montana, 442 U.S. 510 (1979). However, this error was harmless because it cannot be and is not disputed that ...

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01-1858-CR State v. Goff

Mikkel Goff appeals from a judgment of conviction and order denying his postconviction motion. The main issue is whether the court erred by allowing witnesses to state their opinion of the victim’s character for truthfulness. We conclude that it was error to admit the evidence, but that the error was harmless. We therefore affirm. This opinion will not be published. ...

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01-2618 U.S. v. Roach

“The district court had before it statements from doctors who examined Roach, as well as evidence about Roach’s history relating to her compulsive shopping binges and the activities surrounding those binges. The district court found that Roach was ‘not able fully to control the things she did in order to allow her to continue to carry out [her shopping] compulsion,’ ...

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99-3165 State v. Clark

This is so even though the person offers to submit to a chemical test other than the blood test chosen by law enforcement, provided that the blood draw complies with the factors enumerated in State v. Bohling, 173 Wis.2d 529 (1993). “In Bohling, the court examined the following issue: [W]hether the fact that the percentage of alcohol in a person’s ...

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02-0783-CR State v. Halverson

James Halverson appeals his conviction for operating a motor vehicle while intoxicated (OMVWI), third offense. Halverson contends that the circuit court erred in denying his motion to suppress evidence obtained as a result of a police officer’s investigative stop of his vehicle. We conclude that the traffic stop was supported by reasonable suspicion that Halverson had violated the law and ...

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01-1941 Gable v. City of Chicago (57499)

“The plaintiffs next contend that the City, through its agents, systematically broke into and stole items from vehicles impounded at Lot 6 and continued to allow these incidents of damage and theft to occur despite numerous complaints. There were only two incidents of damage and theft that were perpetrated by pound employees. These incidents are too few to constitute a ...

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01-0463 State v. Williams

Accordingly, it was error to suppress the drugs and the gun found in defendant’s car. “That the officer had just invited Williams to “get on [his] way” strongly influences our conclusion. The officer’s words and actions, considered as a whole, communicated permission to leave, as the traffic stop was over. The officer did nothing, verbally or physically, to compel Williams ...

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01-2683 In re Kontrick

“[C]haracterization of these bankruptcy rules as jurisdictional would yield too rigid a result to achieve the goals of the bankruptcy statute. As the bankruptcy panel pointed out in Santos, there are, to be sure, some goals of bankruptcy relief that are promoted by expeditious and definitive resolution of the question of dischargeability. Indeed, among the goals of the rules in ...

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01-3015 State of Wisconsin ex rel. Robert Bingen et al. v. Bzdusek and another (57500)

“In granting the respondents’ motion for summary judgment, the trial court properly concluded that the elections of Bzdusek and Johnson were in violation of Wis. Stat. § 17.25 and properly adjudged that Bzdusek and Johnson had no right to hold their respective offices. While we can appreciate the frustration experienced by the remaining board members due to their inability to ...

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01-3015 State of Wisconsin ex rel. Robert Bingen et al. v. Bzdusek and another

“In granting the respondents’ motion for summary judgment, the trial court properly concluded that the elections of Bzdusek and Johnson were in violation of Wis. Stat. § 17.25 and properly adjudged that Bzdusek and Johnson had no right to hold their respective offices. While we can appreciate the frustration experienced by the remaining board members due to their inability to ...

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01-1993 Meyerson v. Harrah's East Chicago Casino, et al.

“Once more we find it necessary publicly to remind the bar of the existence and importance of 7th Cir. R. 28(a)(1), which requires parties to appeals in diversity cases to identify in their briefs the citizenship of each party to the appeal.” “Despite the gross inadequacy of the jurisdictional allegations, the district judge proceeded to the merits and granted summary ...

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http://www.courts.state.wi.us/html/sc/01/01-0656.htm

“In this case, criminal proceedings were commenced before the motion for reconsideration was filed. The criminal court assumed exclusive jurisdiction, and the juvenile court lost jurisdiction to reconsider its waiver order. The juvenile court’s subsequent determination that it could not reconsider its waiver order was correct. Accordingly, we affirm the decision of the circuit court (juvenile court).” However, we further ...

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01-0374 In Re the commitment of Dennis H.: State v. Dennis H.

“The so-called “fifth standard,” Wis. Stat. § 51.20(1)(a)2.e., was enacted in 1995, see 1995 Wis. Act 292, and provides that “an individual, other than an individual who is alleged to be drug dependent or developmentally disabled,” is considered ‘dangerous’ if: ‘[A]fter the advantages and disadvantages of and alternatives to accepting a particular medication or treatment have been explained to him ...

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01-3441 Bunker v. Labor & Industry Review Commission

“The record demonstrates that the ALJ acted within the scope of her authority under these statutes and rules in deciding to call Smith [the customer] by telephone, questioning Smith, and limiting the cross-examination of Anderson [claimant’s employer] to facts the ALJ considered relevant-the incident concerning Smith and Anderson’s garbage removal policy. Bunker had the opportunity to present witnesses and evidence, ...

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01-4086 Smith v. Ball State University

“Viewing the evidence in the light most favorable to Smith, we agree with the district court’s that no reasonable jury could conclude that the Defendants used excessive force in detaining Smith. … the officers were entitled to order Smith to exit his vehicle. See Mimms, 434 U.S. at 110-11; Class, 475 U.S. at 115-16. When Smith failed to do so, ...

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01-0374 In Re the commitment of Dennis H.: State v. Dennis H. (57502)

“The so-called “fifth standard,” Wis. Stat. § 51.20(1)(a)2.e., was enacted in 1995, see 1995 Wis. Act 292, and provides that “an individual, other than an individual who is alleged to be drug dependent or developmentally disabled,” is considered ‘dangerous’ if: ‘[A]fter the advantages and disadvantages of and alternatives to accepting a particular medication or treatment have been explained to him ...

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97-0270 Jackson et al. v. Benson

Affirmed. DISSENTING OPINION: Abrahamson, Ch. J. “I continue to maintain that the court has erred in declaring the petitioners’ motion frivolous and in imposing sanctions on the petitioners in this case…. “11 First, the court’s decision declaring the petitioners’ motion frivolous and imposing sanctions is erroneous on its face as a matter of law. The court has failed to justify ...

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01-3162 State ex rel. Berrell Freeman v. Berge

“We are satisfied that neither the regulations nor the notices Freeman received required him to wait longer than October 1, 2001, before filing a petition for review by certiorari of the decision to place him in administrative confinement. Therefore, we conclude Freeman exhausted the available administrative remedies with respect to the ACRC’s decision to place him in administrative confinement at ...

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01-1941 Gable v. City of Chicago

“The plaintiffs next contend that the City, through its agents, systematically broke into and stole items from vehicles impounded at Lot 6 and continued to allow these incidents of damage and theft to occur despite numerous complaints. There were only two incidents of damage and theft that were perpetrated by pound employees. These incidents are too few to constitute a ...

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00-2493 Village Food & Liquor Mart v. H & S Petroleum, Inc. (57503)

“[W]e conclude that a party has a constitutional right to have a statutory claim tried to a jury when: (1) the cause of action created by the statute existed, was known, or was recognized at common law at the time of the adoption of the Wisconsin Constitution in 1848 and (2) the action was regarded at law in 1848. … ...

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00-2493 Village Food & Liquor Mart v. H & S Petroleum, Inc.

“[W]e conclude that a party has a constitutional right to have a statutory claim tried to a jury when: (1) the cause of action created by the statute existed, was known, or was recognized at common law at the time of the adoption of the Wisconsin Constitution in 1848 and (2) the action was regarded at law in 1848. … ...

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01-1828 State v. Barreau

“Although a reasonable view of the evidence suggests that Barreau and Keeran believed Hansen was not yet dead when they fled the house, there is no evidence indicating that they believed Hansen would ultimately survive. Barreau seems to suggest that a defendant is entitled to a reckless homicide instruction any time he or she left the scene of the crime ...

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01-4304 Eby-Brown Co., LLC v. Harsdorf

“The state of Wisconsin permissibly could have concluded that licensed wholesalers of tobacco, as opposed to wholesalers of other products, should not be allowed to deduct trade discounts when they determine their ‘cost[s] to wholesaler.’ Compare, Wis. Stat. sec. 100.30(2)(c)1.b. with Wis. Stat. sec. 100.30(2)(c)2. Given the relatively small profit margins that exist for wholesalers of tobacco (resulting in an ...

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01-4304 Eby-Brown Co., LLC v. Harsdorf (57504)

“The state of Wisconsin permissibly could have concluded that licensed wholesalers of tobacco, as opposed to wholesalers of other products, should not be allowed to deduct trade discounts when they determine their ‘cost[s] to wholesaler.’ Compare, Wis. Stat. sec. 100.30(2)(c)1.b. with Wis. Stat. sec. 100.30(2)(c)2. Given the relatively small profit margins that exist for wholesalers of tobacco (resulting in an ...

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01-1692 In Re: the Termination of Parental Rights to Prestin T. B. v. Julie B.

This is because the statutes governing petitions for termination of parental rights require the court, in the exercise of its discretion, to consider the best interests of the child as the prevailing factor in a disposition under Wis. Stat. sec. 48.427. “Once a basis for termination has been found by the jury and confirmed with a finding of unfitness by ...

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