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00-3073 State v. Giminski

"Even sliding inside Giminski's shoes, and even allowing for a father's extraordinarily strong urge to protect his child, we see absolutely nothing that established a basis for any reasonable belief justifying Giminski's conduct. He knew the lawfulness of the agents' seizure of the van. He knew that anything Elva might have been doing in attempting ... Subscribe Login Digital and ...

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01-0054-CR State v. Senn

LeRoy Senn appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, third offense. Senn argues that: (1) the trial court erred by denying Senn's motion to dismiss at the conclusion of the State's case; and (2) the evidence presented at trial was insufficient for the jury to ... Subscribe Login Digital and ...

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01-0116 State v. Peterson

"In order to resolve the statute's ambiguity in the context of this fact situation, we consider the legislative history which the court discussed in Martin. As the court there explained, prior to the last major amendment of the statute in 1965, the trial court could impose a repeater penalty 'where the prior convictions were first ... Subscribe Login Digital and ...

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01-0470-FT City of Eau Claire v. Langenfeld

Kimberly Langenfeld appeals her conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). The sole issue on appeal is whether the arresting officer had reasonable suspicion to detain Langenfeld in order to perform field sobriety tests and other further investigation prior to arresting her for OWI. This court concludes that ... Subscribe Login Digital and ...

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00-2546-CR State v. Rodriguez

"We have held that a suspect may not walk away from an officer conducting a Terry stop, and that the officer may restrain any suspect who attempts to do so. State v. Goyer, 157 Wis. 2d 532, 538, 460 N.W.2d 424 (Ct. App. 1990) ('[t]he right to make a Terry stop would mean little if ... Subscribe Login Digital and ...

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01-0474 County of Dunn v. Trainor

Gerald Trainor appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI). The circuit court found Trainor guilty of these charges after it denied his motion to suppress evidence gathered by police after his arrest. The sole issue on appeal is whether the arresting officer had probable cause to arrest Trainor ... Subscribe Login Digital and ...

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01-0065-CR State v. Marquardt

"[T]he State admits that the facts recited in the affidavits are 'scant,' but argues that they are not so thin as to be insufficient for probable cause. The State points to several facts in the affidavits: (1) Mary's telephone was off the hook the day she was killed, suggesting 'that the perpetrator had been inside ... Subscribe Login Digital and ...

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01-0421-CR State v. Dickey

Sammy J. Dickey appeals his judgment of conviction for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. Dickey argues that the trial court erred when it allowed blood test results to be admitted into evidence. Dickey specifically contends there is no authority under the Implied Consent ... Subscribe Login Digital and ...

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00-3390-CR State v. Ortiz

"While we recognize that the police were the agents of the city, the fact remains that it was the police, not the city, who were the direct and actual victims of Ortiz's crimes. Ortiz did not threaten to injure the city - he threatened to injure the police officers. Ortiz did not fail to comply ... Subscribe Login Digital and ...

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01-0733-CR, 01-0734-CR State v. Highman

Thomas Highman appeals two judgments of conviction, one for operating a motor vehicle after revocation, fifth offense, and one for operating a motor vehicle while intoxicated, sixth offense, and the orders denying his motions for postconviction relief. He contends that his right to a speedy trial was violated, and he therefore is entitled to a ... Subscribe Login Digital and ...

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00-2924 Watertronics Inc. v. Flanagan's Inc.

Watertronics Inc. appeals from a judgment entered after the trial court granted Flanagan's Inc.'s motion to dismiss based on lack of personal jurisdiction. Watertronics claims that the trial court erred as a matter of law in concluding that it did not have personal jurisdiction over Flanagan's under Wisconsin's long-arm statute, Wis. Stat. sec. 801.05 (1999-2000). ... Subscribe Login Digital and ...

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01-0928-CR State v. Fetzner

Thomas Fetzner appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence because the citizen informant's tip did not give the police reasonable suspicion to stop Fetzner. We disagree and affirm the ... Subscribe Login Digital and ...

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00-3319 In Re the Paternity of Athena H: State, et al. v. Michael V.H.

Michael V.H. appeals pro se from a remedial contempt order for failure to pay child support as the biological father of Athena H. Michael asks that this court reverse the remedial contempt order and remand the matter to the circuit court for further consideration because he was denied his statutory right to a de novo ... Subscribe Login Digital and ...

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01-0619-CR State v. Posius

Richard Posius appeals from a judgment convicting him of operating a motor vehicle with a prohibited alcohol content (PAC), second offense. He argues that the trial court erred by denying his motion to suppress evidence seized subsequent to the police illegally entering his residence without a warrant. This court agrees with Posius and, therefore, reverses ... Subscribe Login Digital and ...

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01-1541 In Re the Termination of Parental Rights to Samuel R.: State v. Delores R.

Delores R. appeals from an order terminating her parental rights to her 14-year-old son, Samuel R. Jr. She argues that: (1) her due process rights were violated because the foster parents and the social workers interfered with her ability to parent her child; and (2) the trial court erroneously exercised its discretion when it terminated ... Subscribe Login Digital and ...

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00-2540-CR State v. Tilley

Darla J. Tilley appeals from the judgment convicting her of possession of a controlled substance (500 grams or less of marijuana) with intent to deliver. Tilley first challenges the trial court's decision denying her motion to suppress the marijuana and drug paraphernalia found in her purse and tote bag. She claims that the warrantless search ... Subscribe Login Digital and ...

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00-2554 Molitor v. Rusk County Board of Adjustment, et al.

Donivan and Karen Molitor appeal a judgment that affirmed the Rusk County Board of Adjustment's decision to deny their request for a side yard setback variance. They argue that the board failed to follow proper procedure, its decision was not supported by the evidence and it erroneously applied the law. We disagree and affirm the ... Subscribe Login Digital and ...

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00-3512 American Federation of Government Employees, Local 2119, v. Rumsfeld

"[The exceptions to competitive bidding practices enumerated in CICA's Section 2304(c)], including the sole source exception, reference situations in which either a national emergency or a narrow set of compelling circumstances requires that a branch of the armed services must contract with a particular private entity. As we have noted, the Comptroller General's opinion cites ... Subscribe Login Digital and ...

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01-0284-CR State v. Fitzl

Jessie Fitzl appeals his judgment of conviction for substantial battery. He also appeals from an order denying his postconviction motion. Fitzl claims: (1) the trial court erroneously exercised its discretion by excluding evidence of events that took place outside the bar where the battery occurred; (2) he was denied effective assistance of counsel; and (3) ... Subscribe Login Digital and ...

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00-2146 Edwards v. Illinois Board of Admissions to the Bar, et al.

"Plaintiff repeatedly asserts that she is not asking us to review the state court determination because her complaint does not ask us to grant her certification to the bar. While she might not be asking us to review the state court order declining certification, granting the relief she requests would have that effect: she is ... Subscribe Login Digital and ...

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00-3076-CR State v. Spaulding

Rhonda Spaulding appeals from the judgment convicting her of first-degree sexual assault. Spaulding argues that the bindover should not have occurred because the child-victim's videotape, the primary evidence used against Spaulding at the preliminary hearing, was improperly admitted. She also submits that the trial court erroneously exercised its discretion in refusing to conduct an in ... Subscribe Login Digital and ...

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00-1355 Crabtree v. National Steel Corporation

"[I]f there was any error in giving instruction # 6 along with instructions 9 and 10, we find that it was harmless. Instruction # 6 did not specifically state that it was defining 'preponderance of the evidence,' but it provided that:'When I say that a party has the burden of proof on any proposition, or ... Subscribe Login Digital and ...

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01-0798-CRLV State v. Everts

Chad Everts contends that the prosecutor in this case, assistant district attorney Shelly Rusch, intentionally provoked a mistrial because her case was going badly and, therefore, that double jeopardy attached such that it was error for the trial court to allow the State to retry him. He petitioned for review of the nonfinal order allowing ... Subscribe Login Digital and ...

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01-1314 U.S. v. Quilling

"Mr. Quilling argues that he was unduly prejudiced because the Government argued, and the jury possibly inferred, that Mr. Quilling possessed the gun because he possessed the bullets and vice versa. However, '"prejudice requiring severance is not shown if evidence on the severed counts would be admissible in the trial of the remaining counts."' United ... Subscribe Login Digital and ...

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00-3017-CR State v. Gray

Tony J. Gray appeals from the judgment convicting him of one count of first-degree reckless homicide while using a dangerous weapon, as a party to the crime, and two counts of recklessly endangering safety while using a dangerous weapon, as a party to the crime. Gray first argues that Wisconsin's approach to the admission of ... Subscribe Login Digital and ...

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01-0657-CR State v. Kokke

Albert Gerald Kokke appeals from a judgment of conviction for fourth-degree sexual assault. Kokke argues that the trial court erred when it barred his proffered character witnesses from testifying. We uphold the court's ruling and affirm the judgment. This opinion will not be published.Dist II, Racine County, Barry, J., Nettesheim, P.J.Attorneys:For Appellant: Martha K. Askins, ... Subscribe Login Digital and ...

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01-0434 In the Interest of Jennifer N.K.: Winnebago County v. Kurt J.K.

Kurt J.K. appeals from a CHIPS dispositional order of the circuit court placing his daughter Jennifer N.K. with her maternal grandparents. Kurt's arguments primarily focus on the sufficiency of the evidence justifying this placement. Kurt also argues that something more than the best interests of the child must justify placement of the child outside of ... Subscribe Login Digital and ...

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00-2068-CR State v. Giegler

Thomas Giegler appeals from a judgment of conviction on one count of burglary as a party to the crime and as a habitual criminal, and from an order denying his postconviction motion. The issues are whether his counsel was ineffective by not challenging the search warrant, and whether the trial court erred in its pretrial ... Subscribe Login Digital and ...

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01-0351, 01-0352, 01-0353-NM In the Interest of Ashley L.Z., Cody A.Z., Shania M.C.: Brown County Department of Health & Human Services v. Tammy L.W.

Tammy W. appeals the orders terminating her parental rights to her three children and orders denying her posttermination motions. She contends that the trial court erred because it failed to find that Tammy's unfitness as a parent was so egregious as to warrant termination of her parental rights. She further argues that the evidence was ... Subscribe Login Digital and ...

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00-0258-CR State v. Johnson

Priest Johnson appeals a judgment convicting him of three counts of second-degree sexual assault of a child. He was convicted after a bench trial and sentenced, as amended, to prison terms totaling 20 years. On appeal he contends that: (1) Wis. Stat. sec. 948.02(2) (1997-98) violates due process because it allows conviction without proof that ... Subscribe Login Digital and ...

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