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Case Digests

99-2317 Tayborn v. Scott

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...

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00-3569-FT Wildeck Inc., v. Cousar, et al.

Wildeck Inc. appeals from a judgment dismissing its complaint for lack of personal jurisdiction over Thomas J. Cousar and Cousar Painting Company Inc. (collectively, Cousar). The issue on appeal is whether the exercise of personal jurisdiction over Cousar would offend ...

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00-3150-CR State v. Kingsfield

Tyler J. Kingsfield appeals his convictions for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. His argument on appeal is that first, there was insufficient evidence to convict him of the ...

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00-1420-CR State v. Messner

Patricia K. Messner appeals her conviction for operating under the influence, second offense, with a minor passenger under the age of 16 in the motor vehicle. She contends that there was no probable cause for her arrest, that the trial ...

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99-2317Tayborn v. Scott

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...

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00-3144-CR State v. Alby

Randy S. Alby appeals his conviction for operating while intoxicated following a trial before the court. At trial, he conceded that he was driving while intoxicated, but raised the affirmative defense of involuntary intoxication as the means by which he ...

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99-1522United Methodist v. Ronald Culver

And this is so even though the Elo congregation continued to function as a church.”In this case, we are not concerned with the intra-church dispute that fueled the Elo congregation’s departure. Moreover, we have not been invited to determine whether ...

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00-2201-CR State v. McClain

Mary Lou McClain appeals the judgment of conviction and sentence for misappropriation and the trial court’s order denying her motion to withdraw her no contest plea before sentencing. She contends the trial court erroneously exercised its discretion in denying her ...

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00-1493 Fleishman v. Brem, et al.

American Family Mutual Insurance Company (American Family) appeals from an order and a judgment declaring American Family liable to Jean Fleishman for $33,000 pursuant to the uninsured motorist coverage in her automobile policy with American Family. The trial court determined ...

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00-1123 State ex rel. Ferguson v. Schwarz

Raymond Ferguson, pro se, appeals from the trial court’s order affirming a decision revoking his parole. The issues are: (1) whether the decision to revoke Ferguson’s parole was supported by substantial evidence; (2) whether the decision was arbitrary, capricious, or ...

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00-3129-CR State v. Behnken

The trial court, consistent with a joint sentencing recommendation under a plea agreement, imposed and stayed a six-year prison term and placed Michael Behnken on probation. He appeals the judgment convicting him of disorderly conduct and resisting an officer, claiming ...

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00-3363-FT Fahser, et al. v. Hilgart

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. ...

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00-6374 Becker v. Mongtomery, et al.

“As plainly as Civil Rule 11(a) requires a signature on filed papers, however, so the rule goes on to provide in its final sentence that ‘omission of the signature may be corrected promptly after being called to the attention of ...

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98-3139 State v. Bond

Where the court is evenly divided on whether to affirm or reverse the decision of the court of appeals, the decision of the court of appeals must be affirmed. Court of Appeals, Per Curiam Attorneys: For Appellant: Ellen Henak, Madison ...

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00-3363-FT Fahser, et al. v. Hilgart (55157)

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. ...

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No. 130, Orig., New Hampshire v. Maine

“New Hampshire’s claim that the Piscataqua River boundary runs along the Maine shore is clearly inconsistent with its interpretation of the words ‘Middle of the River’ during the 1970’s litigation… [I]nterpretation of those words was ‘necessary’ to fixing the northern ...

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99-2968 State v. Johnson

We further hold that the statute, Wis. Stat. sec. 948.025, is constitutional, and defendant, who was convicted of the repeated sexual assault of a child, is not entitled to a new trial. In sum, even though the State introduced evidence ...

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00-24 PGA Tour Inc. v. Martin Stevens, J.

“Under the ADA’s basic requirement that the need of a disabled person be evaluated on an individual basis, we have no doubt that allowing Martin to use a golf cart would not fundamentally alter the nature of petitioner’s tournaments. As ...

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99-1128 State v. Hansen

The circuit court erred in holding that sec. 961.45 required application of the “elements only” test of Blockburger v. United States, 284 U.S. 299 (1932) to determine whether the prior conviction was for the same act. Accordingly, we reverse the ...

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