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Case Digests

00-0330 Landis v. Physicians Ins. Co.

Plaintiff’s husband had septuple coronary bypass surgery on March 17, 1994; he died two weeks later. In February 1999, plaintiff learned from media reports that the death may have been caused by the doctor’s negligence. On March 8, 1999, plaintiff ...

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00-2048-CR State v. Robinson

Alphonso L. Robinson appeals from a judgment of conviction and an order denying postconviction relief. The issues on appeal are: whether the prosecutor engaged in improper cross-examination and improper closing argument, whether the trial court erred in giving the jury ...

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99-4337 Bruce v. U.S.

“Despite the specific allegations by Barton, Thompson, and Mr. Bruce, defense counsel claims in his affidavit that he has no specific recollection of Mr. Bruce’s having asked that alibi witnesses be called and has only a general recollection of a ...

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99-1066 State v. Kelley

“[B]ecause the issue seems to be of statewide importance, we take the unusual step of remanding the matter to the circuit court where the parties can further develop the facts and legal analysis. Although case law seems to protect uplands ...

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00-2056-CR State v. Bielefeldt

Michael J. Bielefeldt appeals from a judgment of conviction of second-degree sexual assault, false imprisonment and battery. He also appeals from an order denying his postconviction motion. Bielefeldt argues that he should have been allowed to withdraw his guilty plea ...

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00-3111 U.S. v. Childs

“The defendant’s criminal record (even, as here, of very recent vintage) is an aspect of his status, which is unalterable, whether he is committing a crime at the time his vehicle is stopped or not. Whether he possessed drugs three ...

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00-2496-CR State v. Garth

Devaldis Garth appeals a judgment convicting him on one felony and two misdemeanor counts. The issue is whether the trial court properly denied his motion to suppress the evidence used to prosecute him. We affirm. This opinion will not be ...

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01-1003 U.S. v. Peterson

“The district court in this case structured its upward departure from the PSR’s suggested offense level of 11 to an offense level of 13 by increasing one offense level for Peterson’s first three criminal history points in excess of the ...

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00-2453-CR State v. Stannard

Scott Stannard appeals from a judgment convicting him of theft and an order denying his motion for postconviction relief. Stannard contends that the presentence report writer was biased against him, prejudicing the sentencing process. We affirm. This opinion will not ...

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00-4008 & 00-4166 U.S. v. Watts

“While the Sixth Circuit’s reading of Apprendi is now perhaps a tenable one (and might indeed be the wave of the future), it is not, at this point, our reading. It is true, as noted by the Sixth Circuit, that ...

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98-CR-0104 U.S. v. Acosta, et al.

“In the trial of this criminal case I used a verdict form in which special interrogatories on all elements of the crime preceded a question on guilt or innocence… My reasons for using this verdict form appear in the transcript, ...

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99-1058 Nankin v. Village of Shorewood

“We are unable to identify any difference in situation or circumstance between properties located in populous counties and properties located in other counties in the state that would necessitate different legislation for the classes in challenging their property assessment. Properties ...

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00-3419 Warsco v. Preferred Technical Group

“Despite Rau’s and Weingardt’s affidavits, which support the view that the payment to PTG was not part of the purchase price for Presidential’s assets, we believe that the nature of these transactions precludes summary judgment, at least on the record ...

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00-1281 Carroll v. DeTella

“The record establishes that the presence of lead in the water is due to the corrosion of the water pipes, which are made of lead that dissolves in the water – but only when the water is still, as it ...

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98-3002, 98-3300 Brunson v. Ward

“Brunson and Progressive contracted for $25,000 of UIM insurance, and Brunson paid a premium for that amount of coverage. However, Wis. Stat. sec. 632.32(4m)(d), in effect at the time Brunson purchased his policy, required UIM coverage of at least $50,000. ...

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99-1052 Danner v. Auto-Owners Insurance

“The duty of good faith and fair dealing is implied in the insurance contract. We interpret insurance contracts to meet the reasonable expectation of the insured. Therefore, we conclude that the correct view is that the duty of good faith ...

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99-3023 Hoffman v. Caterpillar, Inc.

“Viewing the evidence in the light most favorable to Hoffman, we find that there is an issue of fact as to whether Hoffman would be able to operate the high-speed scanner. Because “Congress perceived that employers were basing employment decisions ...

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99-2803 State v. T.J. International Inc.

Accordingly, we affirm the court of appeals’ reversal of the judgment of the circuit court. Defendant Norco sold its window plant to defendant Jeld-Wen. There was no interruption of business, and Jeld-Wen hired all but 47 of Norco’s 396 employees ...

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