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00-2244 Hardy v. Hardy, n/k/a Trudell

George Hardy appeals from a judgment ordering him to pay a certain sum to Christine Trudell, his former wife. The issue is whether Trudell’s motion seeking to enforce the judgment was barred by a statute of limitations or laches. We conclude it was not, and we affirm. This opinion will not be published. Dist III, Florence County, Kennedy, J., Per ...

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00-2838-CR State v. Knutson

The State appeals an order dismissing the criminal charges against Bruce Knutson. The State argues that the trial court erred as a matter of law when it ordered the State to produce a confidential informant at an in camera hearing without the defense making the necessary threshold showing. We agree that Knutson failed to make a threshold showing that testimony ...

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00-2217 Johnson v. McCaughtry

“Equitable tolling ‘excuses a timely filing when the plaintiff could not, despite the exercise of reasonable diligence, have discovered all the information he needed in order to be able to file his claim on time.’ Taliani, 189 F.3d at 597. Johnson argues that he was unfairly prejudiced when the state court directed him first to file in the state appellate ...

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01-0077 Nicoletti v. Teachers Retirement Board, et al.

Toni Nicoletti applied to the Wisconsin Department of Employee Trust Funds (DETF) for a disability annuity under Wis. Stat. sec. 40.63 (1999-2000). Initially, her claim was denied, but following an administrative appeal and the submission of additional medical reports, benefits were awarded, retroactive to the date she applied. Nicoletti then moved for costs, including attorney fees, pursuant to Wis. Stat. ...

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01-0713-CR State v. Jardine

Jamie Jardine appeals an order denying his motion to modify or vacate a 1994 sentence for attempted first-degree intentional homicide and four counts of first-degree sexual assault. We construe the request to vacate the sentence in part as an effort to revive an Oct. 25, 1996, motion for a new trial based on newly discovered evidence. That motion has never ...

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01-1731 Ramunno v. U.S.

“We publish this opinion as a reminder, both to district judges and to counsel. A certificate of appealability never should have been issued in this case – not, that is, unless the underlying ineffective-assistance claim is ‘substantial,’ and we have no reason to suppose that the district judge thought this. Once the defective certificate was issued, and the United States ...

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00-3571 In Re the Estate of Peter Blumka, Deceased: Mordell, et al. v. Estate of Blumka

Ed Mordell and LaVerne Blumka appeal an order admitting the late Peter Blumka’s will to probate. The issue is whether the trial court erred by rejecting the appellant’s claim of undue influence in the making of the will. We affirm. This opinion will not be published. Dist IV, Crawford County, Kirchman, J., Per Curiam Attorneys: For Appellant: Russell L. Hanson, ...

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00-2947-CR State v. Smith

Juan Smith appeals from the judgment entered following a jury trial, convicting him of delivery of cocaine. Smith asserts that the trial court: (1) erroneously exercised its discretion in denying his motion to adjourn the jury trial; (2) erred when it denied his motion to suppress his photo identification; (3) erred in ruling that Smith’s displaying his gold front teeth ...

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98-3306 Morris v. U.S.

“We need not consider whether there is deficient performance in the failure to use the New letter in this case, because there is no prejudice. … Our review of the trial transcript reveals that the New letter was indeed cumulative of testimony elicited on cross-examination by counsel for Morris’ co-defendant Gardner. New was questioned regarding those same assets, and acknowledged ...

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00-2777 Precision Cable Assemblies LLC v. Central Resistor Corporation, et al.

Hartford Fire Insurance Company and Hartford Casualty Insurance Company (Hartford) have appealed from a judgment awarding Central Resistor Corporation $45,400, plus attorney’s fees, costs and disbursements of $34,358. Precision Cable Assemblies, LLC, was awarded $109,599, plus attorney’s fees in the amount of $17,987. We affirm the judgment. This opinion will not be published. Dist II, Waukesha County, Foster, J., Per ...

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00-2303-CR State v. Earls

Fairly W. Earls appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He argues on appeal that the State presented improper opinion evidence, that the court erred in admitting certain videotaped evidence, and that the jury instructions were improper. Because we conclude that to the extent there were errors in the ...

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01-2926 In Re: John Campbell

“Just as the filing of a notice of appeal is a prerequisite to a federal appeals court’s jurisdiction of an appeal, so the exhaustion of state remedies, including postconviction remedies, is a prerequisite to seeking federal habeas corpus. So one can imagine a case, though it is not this case, in which mandamus against a state court might be warranted ...

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01-1692 In Re the Termination of Parental Rights to Prestin T.B.: Sheboygan County Department of Health and Human Services v. Julie A.B.

The Sheboygan County Department of Health and Human Services (Department) appeals from an order of the trial court dismissing a petition to terminate Julie A.B.’s parental rights to Prestin T.B. The Department argues that the trial court applied the wrong legal standard in dismissing the petition. We disagree and affirm the order of the trial court. This opinion will not ...

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01-0767-CR State v. Reinhard

The guilty-plea-waiver rule blocks Bernie M. Reinhard’s challenge to the retroactive application of Wis. Stat. sec. 346.65(2)(b) that results in Reinhard being charged with a second offense operating while under the influence of an intoxicant (OWI). Therefore, we affirm. This opinion will not be published. Dist II, Waukesha County, Bohren, J., Anderson, J. Attorneys: For Appellant: Mark A. Phillips, Brookfield ...

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00-1959 Chambers v. McCaughtry

“We note … that, after the decision of the state court of appeals in this case, the Supreme Court of Wisconsin explicitly declared in State v. Oimen, 516 N.W.2d 399 (Wis. 1994), that the felony murder statute ‘encompasses the immediate flight from a felony.’ Id. at 409. Indeed, the court noted that its decision was compatible with the majority of ...

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01-1593 In Re the Termination of Parental Rights to Brenda F.W.: Derek W. v. Susan K.B.

Susan K. B. appeals an order terminating her parental rights to her daughter, Brenda F.W., after a jury found grounds for termination under Wis. Stat. sec. 48.415(1)(a)3, abandonment. Susan argues that the answers on the special verdict form are inconsistent, thus entitling her to a new trial. We disagree and affirm the order. This opinion will not be published. Dist ...

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01-1415-CR State v. Prill

Donna Prill pled no contest to the charge of operating a motor vehicle while intoxicated, third offense. The circuit court sentenced Prill as a third-time offender under Wis. Stat. sec. 346.65(2)(c), which establishes the repeater penalties for violations of sec. 346.63(1). The sole issue on appeal is whether the State adequately proved the prior convictions that triggered application of the ...

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00-3680 U.S. v. Sumner

“According to Sumner, there was a significant temporal gap between the uncharged conduct and the offense of conviction, there was evidence that he voluntarily ceased the uncharged activity, the uncharged conduct involved a different drug than the offense of conviction, and there was no showing of a common geographical location, common customers, common supplier, common victims, accomplices or modus operandi. ...

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00-2302 Meyer, et al. v. Palmquist

David and Ricky Palmquist appeal a judgment declaring that Fred and Maureen Meyer, and Maurice and Lillian Secore acquired by adverse possession land previously titled to the Palmquists. The Palmquists argue that the evidence was insufficient to support the jury’s special verdict. Alternatively, the Palmquists argue that the trial court erred by denying their motion for judgment notwithstanding the verdict. ...

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01-0383 City of Beloit v. Tinder

William Tinder appeals a circuit court order which affirmed a judgment of the City of Beloit Municipal Court. The municipal court found Tinder guilty of violating a city ordinance prohibiting obstructing an officer. Tinder contends that the elements of the offense were not proven at trial. We conclude that the City presented sufficient evidence to the municipal court to allow ...

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00-2861 Osborn and Center for Equal Opportunity v. Board of Regents of the University of Wisconsin System

This is so because the records sought are “educational records” within the meaning of the Family Educational Rights and Privacy Act (20 U.S.C. sec. 1232g) and are subject to privacy limitations. Further, even if FERPA were not to provide a specific statutory exemption for the nondisclosure of non-enrollees’ education records submitted in the application process, as well as enrollees’ education ...

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00-1953 State v. Robinson

Edrick Robinson appeals an order denying his motion for sentence credit. The issue is whether he is entitled to sentence credit for time spent confined in a Texas jail, on a pending Texas charge, while at the same time a Wisconsin probation violation warrant was also filed against him in Texas. We conclude that the record is insufficient to make ...

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98-3665 Boss v. Pierce

“We regard as untenable a broad rule that any information possessed by a defense witness must be considered available to the defense for Brady purposes. To begin with, it is simply not true that a reasonably diligent defense counsel will always be able to extract all the favorable evidence a defense witness possesses. Sometimes, a defense witness may be uncooperative ...

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00-2633 Giffin v. Poetzl, et al.

Accordingly, where plaintiffs charged that the building inspectors negligently performed their inspections on plaintiffs’ new home construction, the trial court erred in ruling that the inspectors were town employees. Maney-Miller employees were independent contractors because the town did not attempt to retain a right to control the details of their work, Maney-Miller had contracts with several towns and had limited ...

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01-0602-CR State v. Tutor

George Tutor appeals a judgment convicting him of one count of possession of an untagged deer carcass, and an order denying his postconviction motion. Although Tutor alludes to several issues upon which he believes he is entitled to relief, the one theory that is fully developed is not susceptible of appellate determination because the trial court did not make necessary ...

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01-1729 U.S. v. Byrd

“Byrd argued that imposing a 12-month sentence would in essence deprive him of any benefit for acceptance of responsibility because 12 months was the maximum sentence he could have received by statute. “Byrd submits that although the government did not overtly violate the terms of the plea agreement (because it did agree with the two-level reduction for acceptance of responsibility), ...

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01-0851 State v. Langenbach

This is so because: (1) any effort by the State to compel a defendant to testify against his will at his sentencing hearing clearly contravenes the Fifth Amendment and there is a possibility that defendant could be sentenced in this matter if the jury finds him mentally responsible; (2) there is always the potential for a plea withdrawal; and (3) ...

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01-0584 State v. Lemke

Dale J. Lemke appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI). Lemke contends that the investigative stop of his vehicle was illegal under Terry v. Ohio, 392 U.S. 1 (1968), and Wis. Stat. sec. 968.24. Affirmed. This opinion will not be published. Dist II, Calumet County, Poppy, J., Nettesheim, P.J. Attorneys: For Appellant: Chad ...

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00-3084 State v. Tulley

“Because the three prospective jurors with whom the court spoke in camera did not serve on the jury, we conclude that the State has met its burden to show that there is no reasonable possibility that the court’s error contributed to Tulley’s conviction. Therefore, we conclude that the circuit court’s in camera interview of three prospective jurors, though error, was ...

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01-0578-CR State v. Yench

Leroy A. Yench appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Yench pled guilty to the charge following the trial court’s denial of his motion to suppress evidence of a blood test obtained pursuant to the Implied Consent Law. On appeal, Yench contends that the arresting officer did not exercise “reasonable diligence” ...

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