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Case Digests

01-0889 State ex rel. Edwards v. McCaughtry

Jayson Edwards appeals from a circuit court order which affirmed a prison disciplinary decision finding him guilty of attempted escape. He claims that the circuit court improperly construed his pleadings and failed to address several of the issues he raised ...

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00-2435 State v. Robinson

Although, since the appropriate remedy depends on the totality of the circumstances, a court must examine all of the circumstances to determine an appropriate remedy for that case, considering both the defendant’s and the State’s interests. “In the present case, ...

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01-1284 Sugden v. Bock

“The Sugdens contend that the anti-stacking clauses in their policies cannot fall within Wis. Stat. § 632.32(5)(f) because to do so would make other, more specific provisions in the statute, such as § 632.32(5)(g), ‘superfluous’ since all anti-stacking provisions could ...

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01-0638 WMC Mortgage Corporation v. Burckhardt

John Burckhardt appeals an order which confirmed a sheriff’s sale following a foreclosure action on Burckhardt’s property. WMC Mortgage Corporation held the outstanding mortgage and successfully bid $84,144.06 for the property. Burckhardt contends: (1) he should have been granted a ...

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00-1139 McNair v. Coffey

“Viewing matters through the objective reasonableness standard, we conclude that, even taking the record in the light most favorable to the McNairs, a jury could not properly have found that Officer Coffey personally behaved unreasonably. Good practice may have called ...

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01-1785 Malin, et al. v. Knipfer

Randel and Wanda Knipfer appeal a judgment granting declaratory relief to Thomas and Barbara Malin and Thomas and Amy Gallagher. The dispute concerns the scope of the Malins’ easement across property belonging to the Knipfers. The court ruled that title ...

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01-1173 Gold v. City of Adams

“In order to interpret the statute as Gold requests us to do, we would have to rewrite the statute as: ‘Such salaries when so fixed may be increased but no part may be decreased by the council without a previous ...

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01-1318 Mueller, et al. v. Sentry Insurance, et al.

Stephen L. Wender and Sentry Insurance, defendants and third-party plaintiffs in the circuit court, appeal from an order granting summary judgment to the third-party defendant, Helena Mendrok, and dismissing Wender’s third-party complaint against her. Wender and Sentry argue that summary ...

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01-2251 & 01-2252 Lewis v. Sullivan

“Although Congress must act rationally when deciding which litigants must contribute toward the costs of the judicial system, we have already held, see Zehner v. Trigg, 133 F.3d 459 (7th Cir. 1997), that it is within the legislative power to ...

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01-1839-CR State v. Cook

Shane Cook appeals a judgment of conviction and sentence for two counts of forgery-uttering, as a party to the crime to which he pleaded no contest. On appeal Cook contends the forgery charges must be dismissed with prejudice because the ...

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00-3229 Proffitt v. Ridgway, et al.

This case is unusual, moreover, in that the risk of serious harm was not only, perhaps not even mainly, to Woodall, the person in custody, but also to Ridgway, the police officer. Unless Ridgway was suicidal or insane, neither of ...

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01-8038 In Re Bemis Company, Inc.,

That is the holding of General Telephone and of course we have no authority to overrule decisions of the Supreme Court. The distinctions that Bemis urges are threadbare: General Telephone did not involve harassment, the EEOC here is not alleging ...

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01-2161-FT Polk County v. Blanski

Polk County appeals an order dismissing its complaint against Jeff and Dawn Blanski for violating Polk County, Wis., Shoreland Protection Zoning Ordinances, art. XII, sec. 12.3B (1991). The ordinance prohibits more than one dwelling on a property. A violation is ...

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01-2044 Donahue v. Barnhart

“It turns out that whoever wrote the Dictionary believes that basic literacy (defined as a vocabulary of 2,500 words, the ability to read about 100 words a minute, and the ability to print simple sentences) is essential for every job ...

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01-0321 Brown, et al. v. Dane County, et al.

The plaintiffs in a personal injury action appeal a judgment dismissing their complaint. The issue is whether the circuit court properly granted summary judgment to the defendants because their allegedly negligent actions were discretionary acts of public officials and thus ...

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01-1653 U.S. v. Alwan

“The evidence, which suggested the defendant was attempting to protect Hamas and Rezeq Saleh, came only in response and in answer to the defendant’s explanation. In the government’s case-in- chief, the evidence only explained the general nature of the grand ...

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00-1891 Derkson, et al. v. Haarstick, et al.

Steven Derkson has appealed from a judgment awarding him $343,850 in damages and costs following a jury trial. Judgment was entered against the respondent, Troy Haarstick. The judgment dismissed Derkson’s claims against two other respondents, Holiday Inn Sun Spree Resort ...

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01-1616 U.S. v. Vera

“Determining the forfeitable proceeds of an offense does not come within Apprendi’s rule, because there is no ‘prescribed statutory maximum’ and no risk that the defendant has been convicted de facto of a more serious offense. Section 853(a) is open-ended; ...

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