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Case Digests

01-0798-CRLV State v. Everts

Chad Everts contends that the prosecutor in this case, assistant district attorney Shelly Rusch, intentionally provoked a mistrial because her case was going badly and, therefore, that double jeopardy attached such that it was error for the trial court to ...

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01-1314 U.S. v. Quilling

“Mr. Quilling argues that he was unduly prejudiced because the Government argued, and the jury possibly inferred, that Mr. Quilling possessed the gun because he possessed the bullets and vice versa. However, ‘”prejudice requiring severance is not shown if evidence ...

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00-3017-CR State v. Gray

Tony J. Gray appeals from the judgment convicting him of one count of first-degree reckless homicide while using a dangerous weapon, as a party to the crime, and two counts of recklessly endangering safety while using a dangerous weapon, as ...

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00-3221-CR, 00-3222-CR State v. Hood

Terrence Hood appeals from judgments convicting him on two armed robbery counts, three false imprisonment counts, and one count of auto theft. He also appeals from the order denying him postconviction relief. In exchange for certain concessions, Hood entered no ...

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00-4072 WICOR, Inc. v. U.S.

“We cannot think of any fundamental or economic objection to the restatement proposed by the gas company, which would eliminate any difference in taxation between a utility’s being forced by the regulators to reduce its rates and its being forced ...

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00-2068-CR State v. Giegler

Thomas Giegler appeals from a judgment of conviction on one count of burglary as a party to the crime and as a habitual criminal, and from an order denying his postconviction motion. The issues are whether his counsel was ineffective ...

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00-0258-CR State v. Johnson

Priest Johnson appeals a judgment convicting him of three counts of second-degree sexual assault of a child. He was convicted after a bench trial and sentenced, as amended, to prison terms totaling 20 years. On appeal he contends that: (1) ...

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00-2165 Larson v. Seidling, et al.

Four Star Properties, Bernard and Christine Seidling and Seidling Trust appeal those parts of a judgment requiring them to refund alleged overpayments made on a land contract. The trial court concluded the land contract was ambiguous as to the starting ...

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00-2446 Parrett v. Sudeta, et al.

Christopher Sudeta appeals a summary judgment dismissing his third-party complaint for contribution against Vilas County. Sudeta, who was sued because of an automobile collision, claimed that a deputy sheriff’s negligence contributed to cause the accident. The circuit court concluded the ...

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00-2550 Kasun v. Owens-Illinois Inc.

Stephen J. Kasun, Jr., and his wife, Edna Kasun, appeal from the judgment, following a jury trial, dismissing their action against Owens-Illinois, Inc., and from the circuit court’s denial of their postverdict motions. They present numerous arguments, all of which ...

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01-8016 Isaacs v. Sprint Corporation

“The certification order must be reversed, and not only because one-way intervention is forbidden. Fed. R. Civ. P. 23(c)(2)… The rule could not be clearer, and this is hardly a case in which class action treatment is obviously appropriate. Quite ...

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00-2991 McMasters v. U.S.

“McMasters’ assertion that Ninth Circuit precedent applies in this case is incorrect. Although the law of the transferor court continues to apply when a diversity case is transferred from one district court to another under sec. 1404(a), see Van Dusen ...

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00-3401-CR State v. Washington

James Washington appeals from a judgment convicting him of armed robbery as a repeat offender. He claims the evidence was insufficient to support his conviction because the victim lacked a reasonable belief that he had a weapon. We disagree and ...

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00-3315-CR State v. Matthew F.G.

Matthew F.G. appeals from a judgment convicting him of first-degree sexual assault of a child, with a child responsibility enhancer, and from an order denying his postconviction motion. The victim was his three-year-old daughter, Evette K.G. The issues are whether ...

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00-2787 Dykema v. Skoumal

“Dykema was experienced in drug transactions, a business he knew to be dangerous. He claimed he knew how to operate in drug matters better than the police. He viewed himself as an instructor from whom the police could learn. He ...

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00-2499-CR State v. Rachal

Billy Rachal appeals from a judgment convicting him of second-degree reckless injury, and from an order denying postconviction relief. The issues are whether the jury heard sufficient evidence to find him guilty, whether the trial erroneously excluded certain testimony, and ...

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00-3631 Berry v. Delta Airlines, Inc.

“Title VII does proscribe gender-based harassment even when it is not motivated by sexual desire, and it is true that ‘[c]ourts should avoid disaggregating a hostile work environment claim, dividing conduct into instances of sexually oriented conduct and instances of ...

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00-3134 State v. John Tomlinson, Jr.

“In determining whether a minor has actual authority to consent to the entry, two factors may guide the courts. The first factor is the age of the child because ‘as children grow older they … acquire discretion to admit … ...

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00-2336-CR State v. Meyer

Kurt Meyer appeals a judgment convicting him of being party to the crimes of robbery with use of force, burglary, substantial battery with intent to do substantial harm, and disorderly conduct. Meyer claims the trial court improperly denied his request ...

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00-2821 Yetman v. Garvey

“[T]he rigorous nature of the FAA’s exemption requirements is not pertinent at this juncture. Our inquiry is limited to examining whether the FAA has appropriately considered the evidence, and provided sufficient justifications for its decisions. We cannot say that the ...

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