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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 could be used to impeach government witness Swanson. DeRango told the district court that based upon his review of certain ...

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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 the tape were consistent with the testimony presented at trial and the tape was not “of such a nature that ...

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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. We affirm the judgment. This opinion will not be published. Dist II, Winnebago County, Schmidt, J., Brown, J. Attorneys: For ...

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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 difficult to find five other men approximating Traeger in size and physical appearance – outside of the NFL, six and ...

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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 one opportunity to sexually molest minors in his family is unusual, but here, Opalewski engaged in such activities three times. ...

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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. Because we conclude that the officer had probable cause to arrest Lopez, we affirm. Not recommended for publication in the ...

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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 to a new trial only if he can establish that the report is favorable to him and material to an ...

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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 to allow the State to rely exclusively on a different exception to the warrant requirement than what was argued at ...

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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 sua sponte amendment of the charge of operating a motor vehicle with a prohibited alcohol concentration, to that of reckless ...

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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 inability to assist counsel or understand the charges.’ Eddmonds, 93 F.3d at 1314 (internal quotation omitted). Although Chiappetta argues that ...

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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 circuit court’s decision limiting his damages on his breach of contract claim to $10,000, and declining to award him attorney’s ...

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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 a search was justified, the police exceeded the permissible scope of that search by reaching into the pockets of a ...

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00-3748, 00-3795 & 00-3822 U.S. v. Schuh, et al.

“Our review of the seven role-in-the-offense factors … confirms that the facts are inadequate to establish Schuh as an organizer or leader. See U.S.S.G. sec. 3B1.1, comment. (n.4). First, although the scope of the illegal activity was extensive, Schuh had little decision-making authority and played a minor role in planning or organizing the offense. Schuh did not supply the cocaine ...

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01-1422 B & P Drywall, et al. v. Labor and Industry Review Commission, et al.

B & P Drywall and its insurer appeal a judgment affirming a decision of the Labor and Industry Review Commission that determined Stanley James was an employee, not an independent contractor, at the time he fractured his heels, and that his compensation should be based on his average weekly wage of $700. B & P argues that James met the ...

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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 Respondent: Robert D. Donohoo, Milwaukee; Robert A. Selk, Madison

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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 fraudulent acts that are most certainly relevant conduct to her offense of conviction. First, all the financial transactions in which ...

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01-2748 Matis v. Labor and Industry Review Commission, et al.

Harold Matis appeals a judgment affirming a decision of the Labor and Industry Review Commission that rejected his claim that he was terminated from Purpose Extruded Aluminum (PEACO) because of his age. He argues that the trial court should have taken judicial notice of a work sharing agreement between the United States Equal Employment Opportunity Commission and the Equal Rights ...

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01-1631-CR State v. Duchay

Darla Rae Duchay appeals a judgment convicting her of two counts of forgery-uttering, one count as a habitual criminal. She also appeals the order denying her motion for postconviction relief. Duchay argues that the circuit court: (1) violated her due process rights by relying on inaccurate information in imposing sentence; (2) erred by imposing unreasonable conditions of probation and extended ...

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01-2720 U.S. v. Cross

“[S]taring at a criminal with numerous opportunities for but no record of rehabilitation, Judge Kocoras, a most capable veteran jurist, simply imposed the longest sentence statutorily possible in order to achieve the maximum incapacitation possible. Instead of trying to translate this into guideline gobbledygook about offense levels, he commendably admitted: ‘And, so, while I am told by the guideline manuals ...

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00-3324 State ex rel. Schatz v. McCaughtry

Gary McCaughtry appeals from an order reversing a prison disciplinary decision against Leslie Schatz. On all but one of Schatz’s challenges to the decision, we conclude the adjustment committee did not err; on the remaining issue regarding timely receipt of the repair documentation, we conclude any error was harmless. We therefore reverse. This opinion will not be published. Dist IV, ...

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01-2256-CR State v. Fisher

Shelly Fisher appeals her judgments of conviction for first-degree recklessly endangering safety and battery, each committed with a dangerous weapon and as domestic abuse. She also appeals an order denying her postconviction motion to withdraw her no contest pleas or, alternatively, to have the court impose the sentences jointly recommended by the parties. Fisher claims the trial court erroneously exercised ...

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00-1638 State v. DeLao

“Having examined the scope of the prosecutor’s obligation under the statute and the statutory phrase ‘plans to use in the course of the trial,’ we turn to an application of § 971.23(1)(b) to the facts of this case. The issue becomes whether a reasonable prosecutor, exercising due diligence, should have known of DeLao’s statements before trial, and if so, whether ...

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01-2386 State ex rel. Kaufman v. Litscher

Roger L. Kaufman appeals an order of the circuit court dismissing his request for relief. Kaufman filed a “Motion for Declaratory Judgment Upon Writ of Certiorari” requesting various forms of relief related to his record from Corrections Corporation of America, Whiteville, Tennessee (“CCAW”), and his placement in administrative confinement. We agree with the circuit court that Kaufman’s motion failed to ...

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00-2199 In Re the Commitment of Sheldon K. Miller: State v. Miller

Sheldon Miller appeals an order committing him as a sexually violent person under Wis. Stat. ch. 980, and a later order denying his motion alleging ineffective assistance of counsel. The issues are whether his trial counsel was ineffective and whether the court erred in certain evidentiary rulings. We affirm. This opinion will not be published. Dist IV, La Crosse County, ...

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00-2830 State v. St. George

We agree with the defendant that the trial court erroneously exercised its discretion in excluding the testimony of defendant’s expert witness about the child victim’s recantation and interview techniques used by the State’s expert because the exclusion of such testimony effectively denied the defendant his constitutional right to present a defense. “[B]ecause Dr. Stonefeld’s testimony was designed to undermine the ...

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01-2120 State ex rel. Harr v. Bertrand, et al.

Daniel Harr, an inmate at Green Bay Correctional Institution, appeals the trial court’s order dismissing his petition for certiorari review of the adjustment committee’s decision that he made a threat in violation of Wis. Admin. Code sec. DOC 303.16 (Register, June, 1994, No. 462). He raises three challenges to the decision: (1) the adjustment committee violated his right to be ...

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00-4206, 00-4264 to 00-4266 In re Brand Name

“The theory is that the wholesalers joined the manufacturers’ conspiracy. And of that there is too little evidence to permit a reasonable jury to infer the wholesalers’ guilt. There is first of all no evidence that the wholesalers knew that the manufacturers’ price discrimination was collusive rather than individual. To argue that because the uniform refusal to grant discounts even ...

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01-0784 Conway v. International Assoc. of Firefighters, Local 311 v. Board of Police and Fire Commissioners, City of Madison (57118)

“Rule 7.20 does not, as Conway appears to contend, delegate to the hearing examiner the duty to make the ‘just cause’ determination or the appropriate disposition. Under Rule 7.20 the hearing examiner is required to provide to the board a comprehensive report, including an evaluation of witness credibility and demeanor, and recommendations for disposition of the matter. In addition, the ...

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01-1855 Plantico, et al. v. Froedtert Memorial Lutheran Hospital, et al.

Patricia Plantico’s Estate appeals from a judgment entered on a jury verdict dismissing its medical malpractice claim against Dennis Maiman, M.D., and the Medical College of Wisconsin. Plantico’s Estate claims that the trial court erred when it denied the Estate’s motions after the verdict because the jury verdict was not supported by any credible evidence. The Estate also claims that ...

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02-1482 Lucini Italia Company v. Giuseppe Grappolini and Grappolini G.S.R.L.

“The district court cited two facts to support its finding of mootness: Grappolini’s agreement to maintain the status quo, and the parties’ efforts to settle the case. However, even accepting these assertions as true, they fail to demonstrate that no reasonable chance exists that Grappolini will sell flavored oils or that he will apply the trade secret information misappropriated from ...

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