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09-3799 U.S. v. Redd

Sentencing Crack cocaine A defendant cannot make successive motions for sentence reduction pursuant to 18 U.S.C. 3582(c)(2). “Redd treats §3582(c)(2) as if it countermanded the basic determinate-sentence system and bestowed on district judges a continuing power to adjust sentences-a power ...

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10-1292 U.S. v. West

Sixth Amendment In court ID by lineup witnesses Where police conducted incustody lineup identifications while a defendant was unrepresented by counsel, and the district court ruled that the lineup was unduly suggestive but nonetheless held that lineup witnesses may be ...

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10-1353 EEOC v. AutoZone Inc.

Employment ADA; failure to accommodate; limitations on personal care The district court’s summary judgment ruling in this disability discrimination case must be reversed because a reasonable jury could conclude that the plaintiff’s back injury placed substantial limitations upon his ability ...

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2010AP000461, Whiting v. Whiting

Family Pending divorce; separate small claims action; fees as sanction Lisa Whiting appeals the dismissal of her small claims action against her former husband, Jeffrey Whiting. She argues that her action, which sought rent from Jeffrey for their marital apartment, ...

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2009AP003118, Start Renting Inc. v. LIRC

Employment Unemployment compensation insurance; independent contractor classification Start Renting Inc. appeals from an order affirming a decision of the Wisconsin Labor and Industry Review Commission determining unemployment tax liability. The issue is whether persons classified as employees pursuant to WIS. ...

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10-1879 U.S. v. Cartwright

Search and Seizure Inevitable discovery Where an automobile would have been impounded and searched, the inevitable discovery doctrine applies, and evidence obtained during a warrantless search of the car at the scene need not be suppressed, even though the driver ...

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2010AP784 In the interest of Tyler T.

Juveniles Delinquency; waiver Tyler T. appeals from an order of the circuit court waiving him into adult court. He argues that it was improper for the assistant district attorney to appear at a waiver recommendation meeting when neither Tyler nor ...

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2009AP3092 State v. Robinson

Criminal Procedure Successive appeals Rick T. Robinson, pro se, appeals the circuit court’s order denying his motion for postconviction relief under Wis. Stat. § 974.06. He contends that he should be allowed to withdraw his guilty plea. We affirm. This ...

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2010AP31-CR State v. Hunter

Sentencing Modification; new factors Antoine T. Hunter appeals from a judgment of conviction and an order denying postconviction relief. The only question presented is whether the circuit court erroneously rejected Hunter’s claim that a new factor warrants sentence modification. We ...

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2010AP507-CR State v. Moffett

Sentencing DNA surcharge Earnest M. Moffett appeals from an amended judgment of conviction for being a felon in possession of a firearm and possession with intent to deliver 200-1000 grams of marijuana, second or subsequent offense, as a party to ...

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2009AP2932-CR State v. Baldwin

Criminal Procedure Plea withdrawal; ineffective assistance Reginald Fionna Baldwin, pro se, appeals from a judgment of conviction entered upon his guilty pleas to two felonies. He also appeals from a postconviction order denying his motion for plea withdrawal. He claims ...

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2009AP3187-CR State v. Lemons

Criminal Procedure Plea withdrawal Larry Emanuel Lemons appeals from a judgment convicting him of burglary, as an habitual offender. He also appeals an order denying his postconviction motion to withdraw his plea. He argues that he should be allowed to ...

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2010AP1414-CR State v. Bonner

Criminal Procedure Plea withdrawal; self-representation This is an appeal of the circuit court’s denial of a motion to withdraw a guilty plea which was entered by an unrepresented defendant. The motion to withdraw the plea occurred after sentencing. The State ...

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2009AP2590 Daniels v. Wausau Business Ins. Co., et al.

Employment Workers compensation; credible evidence George Daniels appeals from a judgment affirming a Wisconsin Labor and Industry Review Commission order. The Commission determined that work-related stress was not a contributory cause of Daniels’ ruptured brain aneurysm. Daniels argues the Commission ...

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2010AP599-CR State v. Smiter

Search and Seizure Search incident to arrest Where police officers had reason to believe evidence relevant to the crime of arrest might be found in the vehicle after arresting the driver, the search of the vehicle is lawful, even though ...

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