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Case Digests

01-2952 Demos v. City of Indianapolis

“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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01-3413 Turner v. Miller

“The verdict form submitted to the jury by the court was three pages in length and divided into separate sections. One section dealt with the negligence claim, and a second section concerned the Eighth Amendment claim. The jury’s verdict was ...

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01-2617 Dellinger v. Bowen

“[T]o the extent that Dellinger claims that his ineffective counsel is the ’cause’ for the second level of default, his claim must fail. Essentially, Dellinger’s argument is that his appellate counsel was ineffective, both for failing to challenge the imposition ...

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02-1242-CR State v. Tiepelman

Larry A. Tiepelman appeals his conviction for disorderly conduct as a habitual criminal and the circuit court’s order denying his motion for postconviction relief. Tiepelman argues that in the interest of justice, a new trial should be granted because important ...

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01-3564 Case v. Ahitow, et al.

“[T]he behavior alleged by Case satisfies the deliberate-indifference standard. … Even if Case cannot at trial sustain his claim that the defendants used Jones as their instrument to assault him (for the trier of fact might disbelieve the inmate’s testimony, ...

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01-4287 U.S. v. Noble

“[T]here was no reliable evidence supporting the district court’s calculation attributing 65 ounces of cocaine to Noble’s sales at strip clubs when Jobe was not with him. That quantity was based on Jobe’s purported statement to police that Noble bragged ...

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01-3303-CR State v. Norman

John K. Norman appeals a judgment convicting him of six counts of feloniously falsifying corporate documents and two counts of felony theft. Norman argues that the trial court erred by precluding him from impeaching a witness with prior inconsistent statements ...

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01-3667 Todd v. Duneland School Corp.

“[T]he case conference committee considered and rejected an extended school year, and Mrs. Todd’s contention to the contrary is without merit. Further, given the lack of regression, R.T.’s ability to progress, and our deference to the BSEA, we find no ...

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01-3439 U.S. v. Partee

“[T]he district court applied sec. 3C1.1 because of Partee’s false statement to the probation officer that he had worked at Flemons’ Express. In doing so, the district court found that Partee willfully obstructed justice, crediting the testimony of Flemons, who ...

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02-0493-CR State v. Grabner

Chaning B. Grabner appeals from a judgment entered after a jury found him guilty of disorderly conduct and obstructing a police officer. Grabner claims: (1) the trial court’s and the district attorney’s use of the term “domestic violence” violated his ...

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01-3207-CR State v. Horsfall

Cory Horsfall appeals from a judgment of conviction for second-degree sexual assault as a repeater and an order denying postconviction relief. He contends that he received ineffective assistance of counsel when his attorney at trial failed to: (1) present important ...

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01-4141 Fritcher v. Health Care Service Corp.

“In Herzberger, this court stated that ‘[o]bviously a plan will not-could not, consistent with its fiduciary obligation to the other participants-pay benefits without first making a determination that the applicant was entitled to them.’ Id. at 332. The phrase ‘reasonable ...

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02-0037, 02-0038 Winnebago County v. Lisiecki

Mark S. Lisiecki appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI) and operating after suspension (OAS). He argues that there was insufficient evidence for either of the convictions. The evidence does not support Lisiecki’s ...

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02-0782-CR State v. Naff

Derek Naff appeals from his conviction for operating a motor vehicle with a prohibited alcohol concentration. Naff contends that the trial court erroneously denied his motion to suppress evidence stemming from his arrest. He argues that the results of his ...

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01-1897, 01-2039 Chattanoga Mfg. Inc. v. Nike Inc.

“Chattanoga contends that Nike’s Michael Jordan-endorsed products progressively encroached into the women’s apparel market, culminating with the establishment of the Jordan Brands Division in 1997, and thus, any delay in bringing suit before 1997 should be excused. While we agree ...

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02-0513 State v. Schneck

“We have no quarrel with Schneck’s analysis as far as it goes. However, it does not go far enough. Other case law establishes that the test for the application of the civil rules of procedure is not only whether the ...

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02-1443 U.S. v. Turner

“The business of insurance does affect interstate commerce. Turner asserts that his activities did not directly affect interstate commerce, therefore, Congress’ prohibition of insurance embezzlement is ultra vires. Turner asks us to divide his actions from those engaged in by ...

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02-0278 State ex rel. Britt v. Gamble

“Today, we conclude that Wis. Stat. sec. 304.06(1r) (1989-90) did not create a due process liberty interest in parole release even when it was in effect at the time of an inmate’s parole consideration. While not directly on point, this ...

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02-0937 County of Dunn v. Uetz

Joseph Uetz appeals from a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant, first offense. In his motion to suppress the evidence and again on appeal, Uetz contends that the arresting officer lacked ...

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01-3921 U.S. v. Rollins

“Common threads in most, if not all, of the robberies included (1) the donning of thick, dark-framed glasses; (2) the wearing of a beige, three-quarter length down coat; (3) the ruse of asking seemingly innocuous customer questions before and during ...

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01-3081 Schwarzbach v. Reese, et al.

Jeanette and Steven Schwarzbach appeal from a judgment dismissing their complaint against Diane Reese for specific performance of a Stock Purchase Agreement or for damages based on promissory estoppel. The issues are whether the circuit court erroneously exercised its discretion ...

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02-0810-CR State v. Baldauf

James M. Baldauf appeals from a postconviction order rejecting his motion to withdraw his plea of no contest to a charge of disorderly conduct. Baldauf argues that his plea was not knowingly, intelligently and voluntarily entered because he appeared pro ...

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01-2950 U.S. v. O'Hara

“Where, as here, the constitutional challenge for vagueness involves no First Amendment issue, we evaluate it in light of the statute’s application to the facts of the case. Collins, 272 F.3d at 988. We believe that O’Hara had more than ...

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02-0748-CR State v. Hacker

Dane G. Hacker appeals from a judgment entered after the trial court found him guilty of retail theft. He claims there was insufficient evidence to support the conviction. Because there was sufficient evidence to support the conviction, this court affirms. ...

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