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Case Digests

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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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, ...

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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, ...

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01-0423-CR State v. Baer

The State of Wisconsin appeals from an order suppressing all the evidence gathered after an investigative traffic stop following an anonymous cell phone call and dismissing the complaint against Deann K. Baer. We reverse the judgment of acquittal and the ...

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00-1478 Massey v. Helman

“Mr. Massey submits that there are no administrative remedies available to him because FCC Pekin’s grievance procedure cannot provide him with money damages, which is the only form of relief he seeks. The Supreme Court’s recent decision in Booth forecloses ...

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01-0237-CR State v. Cutsforth

Dean Cutsforth appeals a judgment convicting him of operating while intoxicated, second offense. He also appeals an order denying postconviction relief. He contends that his warrantless arrest violated his Fourth Amendment rights, requiring the suppression of all evidence taken incident ...

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00-4200 Michael v. St. Joseph County

“[T]he district court reached the right outcome regarding Michael’s First Amendment claim because Michael failed to set forth evidence that he engaged in protected speech. Indeed, there is no evidence in the record definitively establishing what he said to Linn. ...

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00-2692 Alexander v. City of Madison

“Increasing the property tax base, providing employment opportunities, and attracting tourists are all legitimate public purposes, and the City may constitutionally appropriate funds to accomplish these goals. [Citation] Here, Alexander has the burden to demonstrate that it is ‘clear and ...

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00-2910-CR State v. Mitchell

Kevin Mitchell appeals a judgment convicting him of failing to report to jail, and an order denying postconviction relief. Mitchell entered a guilty plea to the charge, and then moved to withdraw his plea before sentencing. The trial court denied ...

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98-4252 Outlaw v. Newkirk

“[W]e find that the defendants met their initial burden of production in moving for summary judgment. They submitted affidavits which represented that prisoners throwing matter or grabbing guards through the cuffports is a security threat and that the cuffport doors ...

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