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Case Digests

00-1187 McKune v. Lile

The mere fact that Kansas does not offer legal immunity from prosecution based on statements made in the course of the SATP does not render the program invalid. No inmate has ever been charged or prosecuted for any offense based ...

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01-1825 Smith v. Anderson, et al.

Tracy Smith appeals a summary judgment dismissing her intentional infliction of emotional distress action against two Marathon County social workers, Patricia Anderson and Bonnie Kinate. Smith’s complaint alleged that the social workers intentionally inflicted distress on her by their activities ...

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01-2150-CR State v. Luck

The State of Wisconsin appeals from an order declaring Wis. Stat. sec. 946.415 (1999-2000) unconstitutional and dismissing the complaint charging James G. Luck with one count of violating sec. 946.415(2). The State claims the trial court erred when it concluded ...

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01-2057 Mark Arnold, et al. v. UMW

“Plaintiffs argue that it would have been futile to take their case to the union because: (1) the union’s general counsel, Deborah Stern, stated that the union would fight the plaintiffs ‘to the end,’ and (2) the union executives who ...

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01-2869-CR State v. Parker

Melvin Parker appeals a judgment convicting him of burglary, Class E felony theft, and misdemeanor bail jumping, as a repeater. He also appeals an order denying postconviction relief. The issues are whether Parker’s constitutional speedy trial right was violated, and ...

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02-0423-CR State v. Peterson

Randall Peterson appeals from a judgment convicting him of fourth offense operating a motor vehicle while under the influence of an intoxicant. Peterson’s appeal is based on the trial court’s order denying his motion to suppress statements he made to ...

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01-0224 State v. Gonzales (57292)

“[W]e conclude that the legislature has the authority under Article XII, Section 1 of the Wisconsin Constitution to adopt reasonable election laws such as Wis. Stat. sec. 7.70(3)(h) to provide that state constitutional amendments are effective after canvass and certification. ...

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01-3131 State v. Long, et al.

Peter J. Long and One 1998 Dodge Truck (collectively, “Long”) appeal from the circuit court order for judgment of forfeiture divesting Long and Jeremiah M. Curtin of all rights, title, and interest in the 1998 Dodge Truck (bearing the vehicle ...

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01-3500 City of Sheboygan v. Taylor

Bradley R. Taylor appeals his conviction of driving while intoxicated and the trial court order denying his motion to reopen. He acknowledges that no Wisconsin statute or appellate decision allows an insanity defense for traffic forfeiture actions but requests that ...

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01-1825 Smith v. Anderson, et al. (57294)

Tracy Smith appeals a summary judgment dismissing her intentional infliction of emotional distress action against two Marathon County social workers, Patricia Anderson and Bonnie Kinate. Smith’s complaint alleged that the social workers intentionally inflicted distress on her by their activities ...

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01-2290-CR, 01-2291-CR State v. Anderson

On June 8, 2000, Barbara J. Anderson was sentenced to concurrent five-year prison terms based upon convictions for uttering a forged check and bail jumping. Sentence was withheld for a second count of uttering a forged check, and Anderson was ...

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01-3202 Hoffman v. Rankin, M.D.

“Wisconsin courts have distinguished filing from mailing in a variety of contexts. ‘To construe or define “mailing” as “filing” is to ignore the plain meaning of the word. Mailing merely initiates the process by which an article in the due ...

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01-2185 State v. Collins

“Even if a defendant ‘admits’ that his or her violation is ‘comparable,’ this does not relieve the circuit court of its obligation to make an independent determination. Whether a crime in another state would be a ‘serious felony’ if committed ...

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01-0224 State v. Gonzales

“[W]e conclude that the legislature has the authority under Article XII, Section 1 of the Wisconsin Constitution to adopt reasonable election laws such as Wis. Stat. sec. 7.70(3)(h) to provide that state constitutional amendments are effective after canvass and certification. ...

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01-455 Franconia Associates, et al. v. U.S.

Under applicable general contract law principles, whether petitioners’ claims were filed “within six years after [they] first accrue[d],” sec.2501, depends upon when the Government breached the prepayment undertaking stated in the promissory notes. In declaring ELIHPA a present breach of ...

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01-417 Devlin v. Scardelletti

This Court has never restricted the right to appeal to named parties. Petitioner’s interest in the settlement approval is similar to those of the nonnamed parties this Court has allowed to appeal in the past. He objected to the settlement ...

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