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Case Digests

01-1501-FT Taff, et al. v. Town of Burke

Dennis Taff, Daniel Gartner and Mansion Realty appeal a summary judgment that dismissed their appeal from a special assessment levied against them by the Town of Burke for water mains installed along their respective properties in the Taff Subdivision. They ...

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00-1892 Mathis v. Phillips Chevrolet Inc.

“According to an offer of proof Phillips made just before the trial began, there were significant irregularities in Mathis’ applications at these other dealerships. In one case, when the dealership offered Mathis an interview, Mathis left and never returned. In ...

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00-2732 Mueller, et al. v. Kearns

Diana M. Kearns, pro se, appeals from a judgment entered after a bench trial. Kearns argues that the trial court erred when it: (1) denied her claim for an abatement of water run-off; (2) ordered her to asphalt a portion ...

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00-1603 Lalvani v. Cook County, Illinois

“While no reasonable jury could conclude on this record that Coleman’s decision to terminate Lalvani was motivated by Lalvani’s ethnicity or his having filed a discrimination complaint in 1989, there are other kinds of ’cause’ that are still relevant to ...

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01-1204-FT Jevic Enterprises Inc., et al. v. Schultz

Arlo and Loran Schultz appeal from a judgment granting injunctive relief to Jevic Enterprises Inc., and the Nevada Heights Homeowner’s Association, Inc. The court concluded that the Schultzes’ residence violated a restrictive covenant of the Nevada Heights Subdivision, and ordered ...

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00-2592 Rivera v. Vandeboom, et al.

Beth T. Vandeboom and State Farm Mutual Automobile Insurance Company (collectively, “State Farm”) appeal from a circuit court judgment, following a jury trial, awarding Miguel A. Rivera $548,312.23 in damages for injuries he suffered in a collision between the motorcycle ...

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01-0472-CR State v. Nichols

Patricia Nichols appeals from a judgment of conviction on 34 counts of failure to provide adequate food and drink to confined animals under Wis. Stat. sec. 951.13(1) (1999-2000), 34 counts of providing improper shelter and sanitation for animals under Wis. ...

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01-0399-CR State v. Lewis

Edward D. Lewis appeals from a judgment of conviction and sentence after he pled guilty to possession of a firearm by a felon. He also appeals from an order denying his postconviction motion to modify his sentence. Lewis claims: (1) ...

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00-2643 U.S. v. Carrillo

“There is no question that the jury instructions should have been finalized before closing arguments. However, although a technical violation of Rule 30 did occur, it is clear that the error did not violate the defendants’ substantial rights. The district ...

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01-0182 State v. Torpen

This is so because it is improper to order restitution to a party with no relationship to the crime of conviction. Therefore, we reverse and remand with directions that the circuit court enter an amended judgment of conviction. “If the ...

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01-0261-CR State v. Dixon

Sharon Dixon appeals from the judgment of conviction entered after a jury convicted her of one count of arson of a building, party to a crime and one count of possession of a controlled substance. Dixon also appeals from the ...

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01-1678 U.S. v. Allen

“Allen contends that Agent Fox’s testimony regarding the link between the gun found at the motel and drug trafficking was simply a subjective lay opinion and not an expert opinion. Agent Fox received education and training in the field of ...

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01-0974 Village of Plover v. Pittman

Scott Pittman appeals a jury verdict finding him guilty of operating a motor vehicle while intoxicated. Pittman contends that the trial court erred by excluding testimony related to his reasons for refusing to submit to a chemical test for alcohol. ...

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00-3762, 00-3763 U.S. v. Pedroza

“It is true that the consent followed closely on the heels of the questionable pat-down search, which could suggest that the consent was a product of that search. In this case, however, we find that the other two factors indicate ...

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00-3365 Mattson, et al. v. Peterson

The Polk County Child Support Agency appeals from an order denying its motion to modify Roger Peterson’s child support obligation. The agency argues that the trial court erroneously exercised its discretion by denying its motion. Specifically, the agency contends that ...

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00-3175-CR State v. Simplot

Randy Simplot appeals a judgment convicting him of being party to the crimes of possession of cocaine with intent to deliver and maintaining a drug house, each as a repeat offender, and also an order denying his postconviction motion. He ...

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00-3560 U.S. v. Limares

“Limares stresses that several investigations have found that some molecules of cocaine, heroin, and other drugs can be found by sophisticated apparatus on almost all currency. This has the potential to increase the rate of false positives, and if the ...

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01-0071-CR State v. Jackson

Dwayne Jackson appeals an order denying his motion for resentencing. He argues that the trial court unreasonably drew an inference from his sporadic employment record that he supported himself by selling drugs and that this inference created a risk of ...

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01-1714-CR State v. Bauknecht

Martin Bauknecht appeals from his 12-year sentence and denial of his motion for postconviction relief on four counts of issuing worthless checks as a habitual criminal. The single issue on appeal is Bauknecht’s challenge to the circuit court’s exercise of ...

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