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Case Digests

00-4200 Michael v. St. Joseph County

“[T]he district court reached the right outcome regarding Michael’s First Amendment claim because Michael failed to set forth evidence that he engaged in protected speech. Indeed, there is no evidence in the record definitively establishing what he said to Linn. ...

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00-2692 Alexander v. City of Madison

“Increasing the property tax base, providing employment opportunities, and attracting tourists are all legitimate public purposes, and the City may constitutionally appropriate funds to accomplish these goals. [Citation] Here, Alexander has the burden to demonstrate that it is ‘clear and ...

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00-2910-CR State v. Mitchell

Kevin Mitchell appeals a judgment convicting him of failing to report to jail, and an order denying postconviction relief. Mitchell entered a guilty plea to the charge, and then moved to withdraw his plea before sentencing. The trial court denied ...

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98-4252 Outlaw v. Newkirk

“[W]e find that the defendants met their initial burden of production in moving for summary judgment. They submitted affidavits which represented that prisoners throwing matter or grabbing guards through the cuffports is a security threat and that the cuffport doors ...

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00-3292-CR State v. Douangmala

Sisakhone Douangmala appeals an order denying his motion to withdraw his no contest pleas on the ground that he did not understand the risk of deportation that arose from his pleas. In an earlier appeal, this court remanded the matter ...

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00-2078 Crabill v. Trans Union, L.L.C.

“[T]he pertinent judicial landscape has changed with the Supreme Court’s decision this past term in Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 121 S. Ct. 1835 (2001). Rejecting the ‘catalyst’ theory under ...

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00-3353 Muskevitsch-Otto v. Otto

“The trial court not only correctly emphasized intent but correctly included other factors in its instruction. The other factors the trial court instructed the jury to consider were Kyle’s frequency and duration of stays at the Tetting home, his personal ...

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00-2657-CR State v. Green

Knova K. Green appeals from the judgment of conviction entered following his guilty plea to one count of possession of cocaine with intent to deliver, and the order denying his postconviction motion seeking to withdraw his guilty plea. On appeal, ...

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00-2852 State v. Casteel

“On five previous occasions, Casteel’s appeals have been dismissed based on Wis. Stat. sec. 974.06(4) and Escalona-Naranjo. This case is dismissed on the same basis. Because we conclude that Casteel knows or should know that this, his eighth postconviction order ...

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01-0614 Baumstein v. Myklebust

Paal Myklebust appeals from a money judgment of $50,115 in favor of Thea Baumstein. Myklebust contends he is not a proper party to the action because he is a member of a limited liability company. Alternatively, he asserts that Baumstein ...

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01-0105-CR State v. Marcus

Christopher Marcus appeals an order denying his motion to modify a five-year sentence imposed for escape. He argues that the sentencing court improperly exercised its discretion when it imposed the maximum sentence and that the sentence is so excessive and ...

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00-1825 Hertzberg v. SRAM Corp.

“The requirement that a plaintiff establish a discriminatory discharge in order to receive lost pay precludes such a recovery for Ms. Hertzberg in the present case. We agree with the district court that Ms. Hertzberg’s lawyers, ‘in the nature of ...

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00-3419 State v. Wodenjak

“We appreciate the factual distinctions between this case on the one hand and [State v.] Bohling [173 Wis.2d 529 (1993)] and [State v.] Thorstad [2000 WI App 199 (2000)] on the other. But we nonetheless conclude that the holdings of ...

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00-2646-CR State v. Kuik

Harold Kuik appeals a judgment convicting him of four counts of delivering a controlled substance and one count of possession with intent to deliver. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of ...

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00-3116-CR State v. Burgess

Bernard Burgess appeals from the judgment of conviction entered after he pled no contest to one count of delivery of a controlled substance – cocaine, and the trial court sentenced him to eight years’ imprisonment and ordered him to pay ...

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00-2614 State v. Sisk

“Here, because the caller gave what he said was his name, the trial court erred in viewing the call as an anonymous one. Whether the caller gave correct identifying information, or whether the police ultimately could have verified his identity, ...

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00-3066-CR State v. Tisher

Thomas Tisher appeals a judgment convicting him of conspiracy to deliver less than five grams of cocaine. He also appeals an order denying his motion to conform the judgment to the jury verdict, that is, to enter a judgment of ...

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01-0206-CR State v. Polk

Johnny D. Polk appeals from a judgment entered on no contest pleas to two counts of battery as a habitual criminal. Polk also appeals from an order denying his postconviction motion. Polk claims: (1) he received ineffective assistance of counsel ...

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00-2699 Rural Mutual Insurance Co. v. Welsh

“Rural argues that specific provisions of an insurance contract control over general provisions, a proposition with which, as a general rule of construction, we have no quarrel. However, we cannot agree that, absent an exclusionary reference over to the supplemental ...

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01-0489-CR State v. Dahl

Thomas Dahl appeals from a judgment of conviction and from an order denying his motion to suppress evidence. Dahl contends that Wis. Stat. sec. 343.305, Wisconsin’s Implied Consent Law, is unconstitutional under the Fourth Amendment to the United States Constitution, ...

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01-0183-CR State v. Wakershauser

Neil Wakershauser appeals a judgment of conviction and sentence for operating a motor vehicle while intoxicated (OWI) as a fourth offense. On appeal, he originally challenged the validity of both his second and third prior convictions, claiming that he did ...

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00-1947 Stephenson v. Universal Metrics, et al.

Accordingly, we reverse the trial court’s grant of summary judgment dismissing the claims against the company in connection with Kreuser’s failure to drive the employee home. However, we affirm the dismissal of plaintiff’s claims against the company based on respondeat ...

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