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Case Digests

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 ...

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00-2751 Kucharski v. Kucharski, et al.

Robert Kucharski appeals from a judgment denying his action for partition of two lots. Robert argues that he has an equitable one-fourth interest in the lots by virtue of a previous settlement agreement, a letter and an unrecorded deed to ...

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00-1203 Clay, et al. v. Johnson, et al.

“The district court believed that the position the Board announced in its proposed version of Comment 18(g)-4 was patently inconsistent with the position the Board announced in the adopted version of Comment 18(g)-4. The court noted that the Board initially ...

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01-0007 Gray v. Eggert, et al.

“Under Wis. Stat. sec. 802.12(2), a trial court has authority to order parties in civil litigation to attempt mediation or other settlement processes to resolve a case. … Nowhere, however, does sec. 802.12 provide a court the authority to require ...

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00-3063 Painter v. Whitnall, et al.

William Whitnall appeals from a judgment entered against him in this legal malpractice action. He challenges on appeal the judgment awarding damages to the respondent, Linda Painter. We affirm the judgment of the circuit court. This opinion will not be ...

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00-2889 Spangberg v. Talis, et al.

Chris Spangberg appeals a summary judgment dismissing his legal malpractice action against attorney John Talis, his insurer and his law firm. Spangberg’s complaint alleged that Talis negligently allowed the statute of limitations to expire on two claims Spangberg wanted to ...

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00-1191 Beslic v. INS

“In an attempt to show that he has raised a substantial constitutional claim, Beslic argues that the language of 8 U.S.C. sec. 1182, which provides that aliens are inadmissible if they are attempting to enter the United States to ‘evade ...

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00-3053 State v. Crockett

We further conclude that defendant’s request for resentencing because his sentence was unduly harsh has already been adjudicated and there are no new factors which would justify modifying defendant’s sentence. “Although there may be situations… in which it is appropriate ...

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00-2870-CR State v. Lisney

Douglas Lisney appeals from a judgment convicting him of disorderly conduct while using a dangerous weapon, and from a subsequent order denying his motion for postconviction relief. Lisney argues that he is entitled to a new trial because he was ...

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00-2411 Jutzi-Johnson v. U.S.

“[W]e should consider whether there was any causal relation between that negligence and the suicide. We think not. Johnson did not commit suicide because he had sores on his body. As nearly as can be reconstructed from the evidence, he ...

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00-3440 State v. Matthews

“In Lac Courte Oreilles Band v. Voigt, 700 F.2d 341 (7th Cir. 1983) (LCO I), the court of appeals recognized that the Chippewa have usufructuary rights and remanded the case to the district court for determination of several issues, including ...

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00-2370-CR State v. Bodoh

Kelly J. Bodoh appeals from a judgment of conviction of party to the crime of first-degree intentional homicide and from an order denying his motion for postconviction relief. He argues that trial counsel was constitutionally deficient by not investigating additional ...

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00-3710 U.S. v. Viezca

“We agree with Viezca that there are similarities between this case and Duff. Portions of Count one of the indictment in this case were worded much like the indictment in Duff, as it charged Viezca, Mendoza, and Guerrero with having ...

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00-3183 State v. Garrett

“While Detective Kaltenbrun was undercover, unlike the uniformed officers in Hughes, here the totality of the circumstances led him to believe that Garrett was involved in the destruction of the bag of cocaine. Evidence that: (1) only minutes before, two ...

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00-2292-CR State v. Fowler

Kenneth Fowler appeals, following his Alford pleas, from a judgment convicting him of burglary and kidnapping. He also appeals from the circuit court order denying his motion for postconviction relief. He argues that the trial court erred in denying his ...

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00-3963 U.S. v. Centracchio, et al.

“[W]e find that Sapoznik’s redacted plea allocution contains the particularized guarantees of trustworthiness that justify its admissibility under the Confrontation Clause. … [T]he mere fact that Sapoznik may have pleaded guilty to get a ‘good deal’ does not mean he ...

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00-2618-CR State v. Raniewicz

Jeffrey Raniewicz appeals from a judgment entered after a jury convicted him of one count of possession of a controlled substance (cocaine), with intent to deliver, while possessing a dangerous weapon, and one count of felon in possession of a ...

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00-3073 U.S. v. Alanis

“[T]he prosecutor’s comments were directed towards reinforcing that the government’s case was undisputed in material respects. … While the prosecutor’s comments would have been improper if Alanis was the only person who could have contradicted, denied, rebutted, or disputed the ...

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00-2630 Pulver, et al. v. Jennings, et al.

Melvin Pulver appeals the judgment entered upon a jury verdict awarding him $9,153 damages plus costs and interest for injuries he sustained in a three-car automobile accident. Pulver contends he is entitled to a new trial because: (1) the jury’s ...

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