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Case Digests

01-3370 State ex rel. James v. McCaughtry

William James Sr., appeals an order affirming a prison disciplinary decision. He challenges various aspects of the administrative proceeding. We reject his arguments and affirm. This opinion will not be published. Dist IV, Dodge County, Storck, J., Per Curiam Attorneys: ...

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01-3674 Mateu-Anderegg v. School District of Whitefish Bay

“The reasons given for the nonrenewal of Mateu-Anderegg’s contract indicate that she was not meeting the employer’s legitimate expectations. Those reasons were her ineffective and limited teaching style, inconsistency and inappropriate discipline of students, poor relationship with other staff members, ...

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01-3113-CR State v. Cuesta

Tomas Cuesta appeals a judgment convicting him of aggravated battery, false imprisonment and reckless endangerment of safety. He also appeals an order denying postconviction relief. The issues are whether the jury selection process violated his right to a “fair cross ...

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01-2876 Stinnett v. Iron Works Gym

“Stinnett argues that if there were 20 employees before the relevant time and 20 employees after the relevant time, the court must infer that there were at least 15 employees during the relevant time. But we cannot find that the ...

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01-1675-CR State v. Daer

Mark A. Daer appeals from a judgment convicting him of engaging in repeated acts of sexual assault of the same child. On appeal, he seeks a new trial because the prosecutor’s conduct prevented the real controversy from being fully tried. ...

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01-1742 Collier v. Davis

“Merrill admits that he was not explicitly told that he would receive leniency based upon his testimony, regardless of its content. This admission is also consistent with the uncontroverted evidence that Merrill attempted to avoid testifying in this case. Because ...

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01-3284-CR State v. Snider

The State of Wisconsin appeals an order denying its motion to admit “other acts” evidence in a sexual assault prosecution against Edward Snider. The State argues that the trial court erroneously exercised its discretion when it applied an incorrect legal ...

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02-0261 Folkman v. Quamme

Mother and two sons were injured in a two-car accident while riding in an insured auto driven by one of the sons. The insurer claimed that the $50,000 per accident limit was the limit of its liability. The family claims ...

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01-1710-CR State v. Matos

For his role as the driver in a gang-related drive-by shooting, Fernando R. Matos was convicted of first-degree intentional homicide, four counts of attempted first-degree homicide, intentionally discharging a firearm from a vehicle into a building, and four counts of ...

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01-4225 Williams v. Davis

“Before trial in this case, trial counsel were furnished with a serologist report indicating that blood had been found on Williams’ shorts. However, trial counsel did not become aware of that fact until the middle of trial, a fact that ...

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02-0956-CR State v. Anderson

Steven Anderson appeals a circuit court order denying a motion to suppress evidence and a subsequent judgment convicting him of operating a motor vehicle while intoxicated, and causing injury by operating a motor vehicle while intoxicated. Anderson contends that the ...

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01-3000 U.S. v. Knox

“Knox concedes that the evidence of his bad acts ‘may satisfy the first three parts’ of the Rule 404(b) test. Knox instead contends that the cumulative prejudice from the admission of nine other drug transactions overwhelmed the district court’s limiting ...

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01-1590, 01-1591 Mitchell Bank v. Schanke

Defendant obtained a judgment against the original mortgagors and executed on the judgment, becoming the successful bidder on the non-homestead mortgaged premises. The bank (which may have lost the note in a flood) attempted to foreclose defendant’s interest, relying on ...

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02-0061-CR State v. Schatzke

Kevin Schatzke appeals a judgment of conviction and an order denying a postconviction motion to withdraw his plea. Schatzke argues that he received ineffective assistance of counsel during his trial because his attorney failed to raise a Fifth Amendment violation ...

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01-3062-CR State v. Anderson

Michael L. Anderson has appealed from judgments convicting him upon pleas of no contest of two counts of incest. The sole issue on appeal is whether the trial court erroneously exercised its discretion when it denied Anderson’s presentencing motion to ...

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01-1715 Alvarado v. Oakbrook

Plaintiff, who was cleaning an apartment for her employer, was injured while attempting to relight a gas stove pilot light with a firework, which she believed was a candle. Another employee had previously inspected the apartment, and a painting crew ...

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01-1092-CR State v. Johnson

By its plain terms, Wis. Stat. § 551.21(1) is violated through an offer to sell an unregistered security, even if no sale actually occurs. Therefore, the issuance of a promissory note or other writing is not a necessary element of ...

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02-0927-CR State v. Welch

James Welch appeals the judgment of conviction for possession of tetrahydrocannabinols (THC), contending that the circuit court erred in denying his motion to suppress evidence found in his car as the result of a canine alert. The circuit court concluded ...

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01-2952 Demos v. City of Indianapolis (57760)

“Considering his deposition testimony and the other evidence in the light most favorable to Demos, we find that virtually all of Demos’s duties were administrative. 9 29 C.F.R. § 541.207(a) notes, in part, that ‘discretion and independent judgment [involve] the ...

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02-0569 State v. Smart

Defendant pled guilty to OUI, third offense, and OUI at greater than .1 %, also third offense, and was sentenced, under the sentencing guidelines then in effect in the Ninth Judicial District, to 10 months in jail and $1,910 in ...

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01-1253 Welborn Clinic v. Medquist, Inc.

“To hold, as Med-Quist urges, that any issue tangentially related to billing must be arbitrated would do violence to the contract language by leaving the words ‘invoice amount’ devoid of meaning. If the parties intended to arbitrate all claims ‘related ...

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