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01-0282 State v. Blanck

“The United States Supreme Court has stated that on its face, the protection of the Sixth Amendment is triggered only when a criminal prosecution has begun and extends only to those persons who have been accused in the course of that prosecution. United States v. Marion, 404 U.S. 307, 313 (1971). These provisions afford no protection to those not yet ...

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00-3024 Ames v. Illick, et al.

Mark Illick, d/b/a Illick Electric and his insurer, appeal a judgment awarding Arvid Ames, d/b/a Ames Whitetail Ranch, $34,875 for Illick’s negligence in causing the death of twenty-one deer on Ames’ ranch. After trial to the court, the court found Illick 75% negligent based on its finding that Illick’s employees turned off the water pump while performing an electrical service ...

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00-3257 State v. Vanmanivong

“Here, the State conceded that Vanmanivong met his minimal initial burden and acknowledged that the next step would be for the trial court to conduct an in camera inspection. The State offered to have the informants present to testify and identify Vanmanivong from a photo lineup, but the trial court declined to do so and elected instead to take affidavits ...

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01-0369 Wisconsin Gas Company v. Bauer, et al.

Beth Bauer appeals from the trial court order denying her motion to vacate a judgment dismissing her third-party claim against Integrated Mail Industries, Inc. We affirm. Publication in the official reports is not recommended. Dist I, Milwaukee County, Miller, J., Fine, J. Attorneys: For Appellant: Bruce C. O’Neill, Milwaukee; Diane Slomowitz, Milwaukee For Respondent: M. Nicol Padway, Milwaukee; Ryan J. ...

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01-0023 State v. Hirsch

“Hirsch offers no evidence of misadventure that could account for the trauma sustained by Laurie. The jury heard testimony from other witnesses and heard tapes of Hirsch himself, which demonstrated that he gave conflicting explanations for the cause of Laurie’s injury: … “In conflict with Hirsch’s taped statement that Laurie did not have any injuries that he knew of, the ...

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01-0630 Treml v. Zwisler

Rudy Treml, acting pro se, appeals from an order dismissing his small claims action against Eugene Zwisler based upon his failure to present trial evidence sufficient to establish a prima facie case. He contends that because the doctrine of res ipsa loquitar applies, he has presented a prima facie case in his claim for damages against Zwisler. We disagree with ...

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00-1444 State v. Hart

Although there may be circumstances when, based on probable cause, an arrest is inevitable and therefore it is a mere formality whether arrest comes before or after the search, in this case no arrest was going to occur at the time of the search. “The Neiman court’s analysis of the relevant interests was not fact-specific and did not inquire into ...

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01-1349-CR State v. Hart

Daniel P. Hart appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Hart argues that the trial court erred when it refused to allow him to introduce as evidence the results of his brother’s preliminary breath test. He further argues that the trial court erred in giving Wis JI-Criminal 520 instruction to the ...

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01-0433 Volden v. Koenig, et al.

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. [citation]. The attorney general concluded that the detainee was not a patient within the definition of the statute because while ...

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00-0248 Business Park Development Co. LLC v. Molecular Biology Resources Inc.

Molecular Biology Resources Inc. appeals from a judgment of eviction resulting in a writ of restitution in favor of Business Park Development Co. LLC. The judgment also ordered Molecular Biology to refrain from removing any “improvements” it had made to the property. Molecular Biology asserts that: (1) the lease it entered with Business Park was invalid because it did not ...

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01-0939 Mulqueen, et al. v. Geller

Daniel Geller appeals from the judgment entered against him on March 2, 2001 granting a judgment of eviction to the plaintiff, Michael T. Mulqueen, et al., and terminating all of Geller’s contractual rights under four leases. Geller raises three issues on appeal. First, he contends that he was denied his due process rights because: (a) the oral stipulation placed on ...

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00-1128 Flores-Leon v. INS

“We join the First and the Ninth Circuits in concluding that Congress has clearly manifested an intent to apply the amended definition of ‘aggravated felony’ retroactively… Section 321 of IIRIRA contains a clear and express directive from Congress that the amended definition of ‘aggravated felony’ should be applied to any and all criminal violations committed by an alien after his ...

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00-3201 Berghauer, et al. v. Heyl, et al.

This appeal arises from a judgment following a jury verdict in a medical malpractice case. Dr. Bruce Heyl, St. Elizabeth Hospital, and their respective insurance companies (collectively, Heyl and St. Elizabeth), argue that (1) insufficient evidence supports the jury’s verdict as to cause; (2) insufficient evidence supports the jury’s verdict as to liability; (3) the award for loss of society ...

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99-2722, 99-2765 U.S. v. Williams, et al.

“The district court here found the government’s reasons to be adequate and race-neutral. We agree that the reason stated is clear, specific and related to the case. The government had some information that Juror P could be related to a family known to the local police for its drug activities. Juror P resided in a relatively small town, and the ...

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00-3366-CR State v. Seely

Kenneth J. Seely appeals from a judgment convicting him of three counts of substantial battery with intent to commit bodily harm, second-degree sexual assault and intimidating a victim and from an order denying his postconviction motion for sentence modification. On appeal, Seely argues that the circuit court erroneously admitted into evidence an excited utterance of the victim, there was insufficient ...

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01-1110, 01-1111, 01-1185 U.S. v. Bishawi, et al.

“Where, as here, the record is void of any specific information regarding the occurrence and nature of, as well as the circumstances surrounding the ex parte contacts, the impact thereof upon the jurors, and whether or not the juries were prejudiced, a hearing in which all interested parties are permitted to participate is not only proper but necessary. Remmer, 347 ...

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01-0433 Volden v. Koenig, et al.

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. [citation]. The attorney general concluded that the detainee was not a patient within the definition of the statute because while ...

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00-3432-CR State v. Hennings

Charles E. Hennings appeals from a judgment entered after a jury convicted him of felony murder. Hennings also appeals from the trial court’s order denying his postconviction motion for a new trial. Hennings argues that the circuit court erred in denying his postconviction motion and entering judgment because: (1) an alternate juror tainted the jury’s deliberations by sharing extraneous prejudicial ...

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00-3977 U.S. v. Duvall

“We believe that the government’s notice did not adequately summarize or describe Erk’s trial testimony. The Rule requires a summary of the expected testimony, not a list of topics. The government’s notice provided a list of the general subject matters to be covered, but did not identify what opinion the expert would offer on those subjects. For example, the statement ...

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01-1177 State v. Fields

“In this case, we agree with Fields that the information filed on October 2 was woefully inadequate and failed to technically comply with the pleading requirements of Wis. Stat. § 973.12(1) as interpreted by the Gerard court. The information, by itself, failed to identify the date and nature of the offense that served as the basis of the repeater allegation. ...

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01-0718-CR State v. Jarvey

Leland Jarvey appeals from a judgment entered on a jury verdict convicting him of first-degree murder. Jarvey seeks a new trial on grounds that the trial court erroneously exercised its discretion when it admitted other acts evidence that Jarvey allegedly sexually assaulted a woman and denied Jarvey’s request to impeach the woman’s credibility with prior crimes evidence. First, we conclude ...

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00-1241 U.S. v. Seward

“The district court’s bare holding that Seward was ‘being untruthful’ falls short of even a liberal application of Dunnigan. Although the district court’s ruling certainly indicates that the court found one element of perjury, false testimony, and read generously, could also indicate a finding that Seward’s false testimony was willful, the district court gave no indication that it considered the ...

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01-1136 State v. Carlson

Although the juror himself said that he did not understand English well enough to competently hear the case, we conclude that the trial court properly considered all the evidence that informed on Vera’s ability to comprehend English, and found that he understood English well enough to fairly and impartially hear the case, regardless of Vera’s opinion. “The trial court made ...

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01-0055-CR State v. Hicks

Aaron Hicks appeals a judgment of conviction for second-degree sexual assault with an unconscious person, and the order denying his motion for postconviction relief. He contends he was denied effective assistance of counsel because trial counsel did not consult an expert on alcohol-induced blackouts and because trial counsel did not investigate his repeater status when a plea offer was made. ...

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00-1045 TRW, Inc. v. Andrews

“Congress provided in the FCRA that the two-year statute of limitations runs from ‘the date on which the liability arises” subject to a single exception for cases involving a defendant’s willful misrepresentation of material information. sec. 1681p. The most natural reading of sec. 1681p is that Congress implicitly excluded a general discovery rule by explicitly including a more limited one. ...

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01-0254 Horvath v. Miller, et al.

South Beach Capital Markets Incorporated appeals from the circuit court judgment confirming an arbitration award of $175,000 to Yasmin Horvath and amending the caption of the case to change the defendant’s name from “Collopy & Company, Inc.” to “Collopy & Company, Inc. n/k/a South Beach Capital Markets Incorporated,” and from the order denying its motion to vacate that judgment. South ...

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01-0069-CR State v. Burton

Ernest Burton appeals from a judgment entered after a jury convicted him of robbery – use of force, and habitual criminality. Burton also appeals from the trial court’s order denying his postconviction motion. Burton argues that he was denied effective assistance of trial counsel. Burton also argues that the trial court erred in denying his postconviction motion without holding a ...

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00-758 U.S. Postal Service v. Gregory

“There is certainly nothing arbitrary about the Board’s decision to independently review prior disciplinary violations. Neither the Federal Circuit nor respondent has suggested that the Board has applied this policy inconsistently-indeed, the Board has taken this same approach for 19 years. See Carr v. Department of Air Force, 9 M. S. P. B. 714 (1982). Nor have they argued that ...

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00-3087 Harley Paws Inc. v. Mohns Inc.

Mohns Inc. appeals from the judgment awarding Harley Paws Inc. $21,958.82 in damages, following a court trial. Mohns argues that the trial court erred in finding that it breached the construction contract it had entered into with Harley Paws. Mohns also argues that the trial court’s damage findings are arbitrary and excessive. Finally, Mohns argues that Harley Paws wrongfully terminated ...

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