Quantcast
Home / Case Digests (page 849) /

Case Digests

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

00-3412 Kasieta v. Tennies

James and Reyne Kasieta appeal from an order dismissing their claim for adverse possession. The dispositive issue is whether the Kasietas proved that they adversely possessed the disputed property for the required 20 years. We conclude that they did not, ...

Read More »

00-3028 Brennan v. Gjerdingen Farms Inc.

Gjerdingen Farms appeals from a summary judgment granting Thomas and Jane Brennan’s claim for specific performance on a first option to buy land owned by Gjerdingen. Gjerdingen challenges both the determination that it had breached the first option contract and ...

Read More »

00-1889-CR State v. Sexton

Bradley W. Sexton appeals a judgment, entered upon a jury’s verdict, convicting him of five counts of felony failure to support a child. Sexton argues that this court should exercise its discretionary power of reversal pursuant to Wis. Stat. sec. ...

Read More »

01-0441-CR State v. Kress

Florian A. Kress contends that the State’s attempt to punish him criminally for his second operating while intoxicated (OWI) arrest within hours of his first drunk driving arrest contravenes the ex post facto provision of the federal constitution. We do ...

Read More »

01-0121-CR State v. Smith-Herzog

The State of Wisconsin seeks to appeal from an order of the circuit court dismissing with prejudice a charge of operating a motor vehicle with a prohibited blood alcohol content. The State contends that the verdict rendered by the jury ...

Read More »

99-2831-CR State v. Love

Willy J. Love appeals from a judgment, entered after a jury trial, convicting him of possession of cocaine with intent to deliver, second or subsequent offense, as a party to a crime, and possession of cocaine without the tax stamp, ...

Read More »

00-1746-CR State v. Martinez

Mario M. Martinez, pro se, appeals from a judgment convicting him of 13 counts of theft, uttering, and practicing law without a license and from the trial court’s order denying his postconviction motion for resentencing. Martinez claims: (1) the trial ...

Read More »

00-2544 Neuma Inc. v. AMP, Inc., et al.

“Neuma’s claim in Count II is that AMP, as the plan administrator, misrepresented the terms and conditions of Larsen’s life insurance program, causing Neuma to purchase the rights to a policy that was far less valuable than it was led ...

Read More »

00-1504 Johnson v. Allsteel, Inc., et al.

“Allsteel’s alteration of the Plan’s language changed the standard of review by which a court would review its decisions, thereby granting Allsteel the same unchanneled discretion to deny claims. Before Allsteel altered the Plan’s language to grant itself discretion to ...

Read More »

00-2958 Dunn v. Nordstrom Inc.

“[R]egardless of the title ascribed to Dunn following his alleged promotion, Dunn has shown that an issue of fact exists relating to whether he was entrusted with important new duties, including employee supervision, budgeting and reporting. While the parties expend ...

Read More »

00-2224 State v. Ransdell

“As with the legislature’s constitutional policy determination that the safety of innocent persons in society warrants the finely tuned procedures in Wis. Stat. ch. 980 that permit the incapacitation of sexually violent persons, we see nothing that prevents the legislature ...

Read More »

00-3138 Buzdygan v. INS

“Section 3.43 of Title 8 of the Code of Federal Regulations explains that an alien’s motion to reopen proceedings pursuant to NACARA must establish that the individual meets four specific requirements. While Buzdygan meets three of these four requirements, we ...

Read More »

98-3736 Jackson v. Miller

“The transcript of Jackson’s March 27, 1975 sentencing hearing reflects that sentence was actually imposed at that time. At that initial hearing, the Judge stated, ‘[t]he Court … now sentences both defendants to not less than one (1) nor more ...

Read More »

00-3435 Reusch, et al. v. Roob

Mark W. Roob appeals from the trial court judgment awarding Duane P. Reusch, Laura K. Reusch, Karen M. Newton and Roger A. Newton (collectively, “the Reusches”) $38,368.16 for damages and costs, including attorney fees. Roob argues that the trial court ...

Read More »

00-3086 U.S. v. Anderson

“Mr. Anderson was an assistant branch manager at TCF, not an ordinary bank teller. In that position, Mr. Anderson had access to any account in the bank system. As a result, he had access to or authority over valuable things, ...

Read More »