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01-2995-CR State v. Frey

Scott J. Frey appeals a judgment of conviction for operating a motor vehicle while intoxicated (OMVWI), as a third offense. His conviction arose out of an incident that occurred Nov. 14, 1999. At approximately 12:15 a.m., Officer W. Richards of the Sauk Prairie Police Department saw a vehicle weaving from side-to-side on the roadway. Richards noticed that at times the ...

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01-1744 In Re the Paternity of R.D.M.: State, et al. v. William L.G.

This is a paternity action. The State of Wisconsin, acting on behalf of the Washington County Child Support Agency, appeals from a circuit court order determining that the past support obligation of William L.G., the father of the child, is to be measured from the day after this action was commenced pursuant to the current Wis. Stat. sec. 767.51(4) (1999-2000). ...

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00-3519, 00-3520, 00-3747, 00-3781 & 01-1929 U.S. v. Martin, et al.

“[T]he court has a role to play in plea bargains and need not accept a plea agreement because there is no absolute right to plead guilty… The agreement here did not bind the court, and it was free to reject the agreement if it found the agreement would undermine the sentencing guidelines or did not adequately take into account the ...

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01-2686 In Re the Paternity of Erin M.R.: Stacy S. and State v. Brian R.

Brian R. appeals from a portion of a circuit court order refusing to grant Brian credit against a child support obligation and child support lien. Brian argues that the court erroneously refused to grant him over $23,000 in credit toward his child support obligation. We affirm the court’s decision to deny Brian credit for child support imposed pursuant to a ...

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01-3251 U.S. v. Baronia

“At the time of Baronia’s sentence, the commentary to sec. 2B5.1 identified the following exception to the enhancement for certain counterfeiters: ‘Subsection (b)(2) does not apply to persons who merely photocopy notes or otherwise produce items that are so obviously counterfeit that they are unlikely to be accepted even if subjected to only minimal scrutiny. U.S.S.G. sec. 2B5.1, cmt. n.4. ...

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01-1506 In Re the Arbitration of a Dispute Between Local 236 Laborers International Union of North America, AFL-CIO and City of Madison: Local 236 Laborers International Union of North America, AFL-CIO v. City of Madison

Local 236 (the union) filed a grievance asserting that the City of Madison had assigned two employees the full duties and responsibilities of a higher job classification such that, under the terms of the collective bargaining agreement, the employees were entitled to increased pay for working at a level above their actual classification. An arbitrator determined that the employees were ...

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99-4209, 99-4303 U.S. v. Oestreich

“The claim was entitled ‘Administrative claim for damages and return of all property, 26 U.S.C. sec. 7433(d)(1).’ It and accompanying documents, referred to as ‘codicils,’ contained much tax protester gibberish attempting to deny liability for federal income tax and social security contributions. “George’s claim did not assert that any officer or employee of the IRS had ever recklessly or intentionally ...

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01-1854 City of Milwaukee v. Reischel

Benedict Reischel, pro se, appeals from the order denying his motion to reopen a default summary judgment awarding the City of Milwaukee $5,000 plus costs as recovery for the cost of razing his property. Reischel argues that the court, in denying his motion to reopen the judgment, incorrectly concluded that he was the owner of the property when it was ...

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01-3170 U.S. v. Tiojanco

“We think Tiojanco fits comfortably within the class of discretionary decisionmakers covered by the guideline and are unpersuaded by his argument that he is more like the ‘ordinary bank teller or hotel clerk’ who is exempted from the adjustment. See U.S.S.G. sec.3B1.3, comment. (n.1) (‘adjustment does not apply in the case of an embezzlement or theft by an ordinary bank ...

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01-2447 In Re the Estate of Stocking v. Stocking

James L. Stocking appeals from the circuit court order granting partial summary judgment to the Estate of Cynthia M. Stocking. The court concluded: (1) James and his wife, Cynthia, had held their Trout Lake property as tenants in common, and James’s failure to timely file a claim against Cynthia’s estate, resulted in his loss of the right to litigate his ...

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00-795 Ashcroft v. Free Speech Coalition

The contention that the CPPA is necessary because pedophiles may use virtual child pornography to seduce children runs afoul of the principle that speech within the rights of adults to hear may not be silenced completely in an attempt to shield children from it. See, e.g., Sable Communications of Cal., Inc. v. FCC, 492 U.S. 115, 130-131. That the evil ...

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02-OLR-03 In Re: Charles E. Brady, Attorney at Law

“Where attorney Charles E. Brady, while his law practice owner was away on vacation, drew a total of six checks on the law office business checking account made payable to himself or to cash totaling more than $4,000, he reported to the practice owner immediately upon his return from vacation and Brady self-reported his financial misconduct to the Office of ...

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00-3209-CR State v. Price

Albert J. Price, Jr., appeals from a judgment convicting him as a habitual offender of two counts of endangering safety, one count of attempted first-degree intentional homicide, five counts of attempted first-degree intentional homicide while armed, and four counts of aggravated battery while armed. He also appeals from an order denying his motion for postconviction relief. He claims that he ...

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00-1831 U.S. v. Craft

The rights Michigan law granted respondent’s husband qualify as “property” or “rights to property” under sec. 6321. The broad statutory language authorizing the tax lien reveals that Congress meant to reach every property interest that a taxpayer might have. United States v. National Bank of Commerce, 472 U.S. 713, 719-720. The husband’s rights of use, exclusion, and income alone may ...

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01-1918 Schwigel v. Kohlmann

“[I]f the judge’s jury instruction had cautioned the jury to make sure that it was not awarding duplicate damages on the multiple claims when considering the single damage question, perhaps we could salvage the verdict. “But the instruction refers to other damage questions on the verdict, not to the risk that the jury might award duplicate damages to the single ...

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01-2236-CR State v. Arberry

Julius L. Arberry appeals from a judgment entered after a jury found him guilty of possession of a firearm by a felon (second or subsequent offense), and carrying a concealed weapon. He also appeals from an order denying his postconviction motion. Arberry claims: (1) the evidence was insufficient to sustain the conviction of possession of a firearm; (2) the State ...

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01-2777 Goetsch v. State of Wisconsin Department of Workforce Development

“No ALJ decision made under a chapter other than Wis. Stat. ch. 108 is binding on an unemployment insurance claim. Therefore, a worker’s compensation decision does not bind an ALJ hearing an unemployment insurance claim or the commission reviewing it. “Also, we review the commission’s decision, not the trial court’s. … As a result, we are limited to the record ...

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01-1418 State v. Purdy

William Purdy appeals from a conviction for speeding 69 miles per hour in a 55-mile-per-hour zone. He contends that he was improperly denied a jury trial, that he was denied a fair trial as evidenced by the trial court’s rulings and comments, and that the evidence does not support the conviction. This court disagrees and affirms the conviction. This opinion ...

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01-2168 Heritage Mutual Insurance Co. v. Graser

“As our discussion of the case law makes clear, the collateral source rule operates where subrogation exists as a means to hold the tortfeasor entirely responsible for the damages caused by his or her conduct. Anderson and Koffman, which applied the rule to allow awards of medical expenses, must be read in the context in which that public policy arises, ...

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01-3362-CR State v. Groesbeck

The State appeals an order granting Greg Groesbeck’s motion to suppress evidence. B ecause Appleton police officer Lawrence Potter had reasonable suspicion to stop Groesbeck and conduct a further investigation, this court reverses the order. This opinion will not be published. Dist III, Outagamie County, Luebke, J., Hooper, P.J. Attorneys: For Appellant: John F. Truby, Appleton For Respondent: Leonard D. ...

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01-2917 State of Wisconsin ex rel. Ira Lee Anderson, II v. Gamble

We therefore affirm the order of the circuit court dismissing Anderson-El’s petition for a writ of certiorari. Order affirmed. Recommended for publication in the official reports. Dist II, Sheboygan County, Van Akkeren, J., Brown, J. Attorneys: For Appellant: Ira Lee Anderson II, Fox Lake For Respondent: John J. Glinski, Madison

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01-2956-CR State v. Olson

Steven Olson appeals from an order denying his motion to suppress evidence. Olson was convicted of manufacturing methamphetamine. Olson argues that a search warrant was defective because: (1) the search warrant affidavit omitted material facts that would not have supported a probable cause determination; and (2) the information provided by the citizen informant in the search warrant affidavit was stale. ...

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01-2503 State v. Lasky

“The state element requires merely that the defendant used or threatened to use a dangerous weapon. At the federal level, the prosecution is required to prove that the victim was assaulted or that the victim’s life was in jeopardy. See 18 U.S.C. § 2113(d). … “We acknowledge that there may be some cases where the same evidence used to prove ...

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01-2225-CR State v. Rogers

Fredrick Rogers appeals the judgment of conviction for second-degree sexual assault of a person who has not attained the age of 16 years, and the order denying his motion for sentence modification on two grounds: (1) that a “new factor” existed because his mental health problems were greater than those anticipated by the trial court; and (2) that he did ...

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01-0230 State v. Sveum

“Because Sveum’s conviction for violating an injunction issued under Wis. Stat. § 813.125(4) is a criminal conviction, we further conclude that the circuit court properly sentenced him as a repeater. … “[And], because the crime of violating an injunction issued under Wis. Stat. § 813.125(4) and the crime of violating Wis. Stat. § 947.013(1r) each require proof of an element ...

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01-2238-CR State v. Simpson

Willie C. Simpson appeals from a judgment of conviction entered after a bench trial where he was found guilty of two counts of first-degree sexual assault of a child. He also appeals from a postconviction order. Simpson raises two claims of error. He contends that the trial court violated his federal and state constitutional rights to self-representation when it denied ...

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01-1295 State v. Brockett

“While Wis. Stat. § 974.05 sets forth those rulings from which the State may appeal, there is nothing in the language of the statute prohibiting the trial court from hearing a motion to reconsider. As the State correctly points out, a trial court has inherent power to vacate or modify an order pursuant to Wis. Stat. § 807.03.3. … “For ...

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01-2522 Marques v. Federal Reserve Bank of Chicago

“[W]e do not know which document, the plaintiffs’ notice of voluntary dismissal or the defendant’s motion to dismiss, was filed first. The plaintiffs argue that the bank acknowledged in the district court that the notice of voluntary dismissal was filed before the motion for summary judgment was served, but the only record of this acknowledgment is a transcript that the ...

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01-0542 State v. Grindemann

“We nonetheless conclude, pursuant to our authority under Wis. Stat. § 752.02, that a circuit court should proceed in a fashion similar to that outlined in Wis. Stat. § 974.06(3) when it receives a motion requesting sentence modification. Under that subsection, a court may proceed in one of two ways to dispose of a postconviction motion: it may either deny ...

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01-2654 Remer v. Burlington Area School District, et al.

“Notably, Ms. Remer did not claim in the district court that it was the TRO that kept M.R. away from the hearing. Rather, she admitted that ‘nothing prevented M.R. or his parents or counsel from attending.’ R.46, at 5, para. 21; R.50, at 4 (admission). Moreover, by its terms, the TRO did not apply to M.R.’s attorney and therefore did ...

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