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2009AP2578-W & 2010AP636-W Naseer v. Miller

Criminal Procedure John Doe petitions Where a John Doe petition alleges facts sufficient to establish a criminal offense, the John Doe judge must refer it to the district attorney. “Applying this standard to the Columbia County John Doe complaint, we ...

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09-4080 Kingstad v. State Bar of Wisconsin

Constitutional Law Freedom of speech; mandatory bar associations The Wisconsin State Bar’s Public Image Campaign did not violate the free speech rights of its members. “The Ninth Circuit’s generous approach to germaneness in Gardner is consistent with the portion of ...

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09-2652 & 09-3011 U.S. v. Rea

Sentencing Firearms Where a defendant convicted of drug offenses possessed an AK-47, his sentence was properly enhanced for possessing a firearm in connection with a drug crime. “We conclude that the government carried its initial burden by proving by a ...

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09-1733 Socha v. Pollard

Habeas Corpus AEDPA; equitable tolling Where a state prisoner thought he would be represented by the Innocence Project for almost a year, and was in segregation with access to the law library only a few hours per month, it was ...

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09-2560 Stock v. Rednour

Habeas Corpus Confrontation Clause Where reasonable minds could differ whether to admit impeachment evidence in a state court trial, the district court properly denied the prisoner’s petition for habeas corpus. “The trial court in Stock’s case was aware of the ...

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09-1138 U.S. v. Yancey

Firearms Possession of firearm by drug user; constitutionality Congress acted within constitutional bounds by prohibiting illegal drug users from firearm possession because it is substantially related to the important governmental interest in preventing violent crime. “Ample academic research confirms the ...

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09-2578 Carlson v. Bukovic

Civil Rights Excessive force Mere physical contact by a police officer does not automatically qualify as a seizure. “[T]he district court correctly submitted the matter to the jury. Even accepting the evidence in the light most favorable to Officer Bukovic, ...

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10-2417 Wilson v. O’Brien

Civil Procedure Interlocutory appeals; privilege Where a non-party complies with an order to disclose, despite his claim of privilege, an interlocutory appeal from the order is moot. “From Nims’s perspective, this matter is moot. He complied with the district judge’s ...

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08-4013 SEC v. Hyatt

Civil Procedure Contempt; due process A court cannot find a party in contempt when the show-case notice only said that that the SEC was seeking a show-cause order, but not that the court would immediately adjudicate whether they were in ...

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09-1892 Bodum USA, Inc., v. La Cafetiere, Inc.

Civil Procedure Foreign law; expert testimony Expert testimony about the meaning of foreign law is unnecessary when the foreign law at issue is France’s. “Sometimes federal courts must interpret foreign statutes or decisions that have not been translated into English ...

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2009AP916-D OLR v. Coplien

Professional Responsibility Reciprocal discipline Where attorney Sandra K. Coplien was suspended for six months in Illinois, reciprocal discipline is imposed. “We approve and adopt the referee’s findings and conclusions, which are unchallenged. By virtue of having been suspended by the ...

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10-1750 U.S. v. Taylor

Sentencing Bank robbery; physical restraint Even though a bank robber only pushed a victim to the ground and ordered her into another room while holding a firearm, he properly received an enhancement under U.S.S.G. 2B3.1(b)(4)(B) for physically restraining a victim. ...

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10-1443 U.S. v. Slaight

Criminal Procedure Miranda warnings Even though police told a suspect he was not in custody and was free to leave, his unmirandized statements are inadmissible, where the officers show of force was overwhelming. “The government acknowledges as it must that ...

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2009AP2026 Leonard, et al. v. Lynn, et al.

Family Unmarried cohabitation; unjust enrichment Richard Lynn appeals a judgment determining damages owed to Elizabeth Leonard for unjust enrichment. The judgment followed after Richard stipulated that he was unjustly enriched during a period of cohabitation with Elizabeth. The court awarded ...

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2009AP2741 Patti-Marshall LLC v. Austin, et al.

Antitrust Restraints on trade; homeowner associations Patti-Marshall, LLC, appeals from a summary judgment order dismissing Delighla Sebastian-Brehm from this multi-claim lawsuit arising from a dispute among members of a homeowners’ association. Patti-Marshall contends there are material facts in dispute regarding ...

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09-2710 U.S. v. Lupton

Evidence Expert testimony The expert testimony of an attorney was properly excluded where the witness offered only legal opinions as evidence. “Even if Greenberg had been qualified as an expert, however, the district court would still have been within its ...

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09-3090 Lin v. Holder

Immigration Asylum; China Where Chinese asylum seekers two children were born in the United States, rather than China, they failed to show a presumption of future prosecution through sterilization if removed to China. “We find that the IJ’s conclusion, as ...

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09-1347 Chapin v. Fort-Rohr Motors, Inc.

Employment Retaliation; constructive discharge Although a supervisor threatened to fire an employee if he didn’t withdraw an EEOC charge, the employee was not constructively discharged where the employer repeatedly assured him he was not terminated, even though he didn’t withdraw ...

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09-1102 & 09-1112 Badger Catholic, Inc., v. Walsh

Constitutional Law Freedom of speech; university student funds The University of Wisconsin violated students’ free speech rights by refusing to fund student organizations that engaged in prayer, proselytizing, or religious instruction. “We deferred action on this appeal while the Supreme ...

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2010AP713-CR State v. Ellifritz

Obstructing an Officer Sufficiency of the evidence Jennette Ellifritz appeals from a judgment of conviction for obstructing a police officer contrary to Wis. Stat. § 946.41(1). On appeal, Ellifritz argues that the evidence the jury used to convict her of ...

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