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Case Digests

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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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 ...

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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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00-3292-CR State v. Douangmala

Sisakhone Douangmala appeals an order denying his motion to withdraw his no contest pleas on the ground that he did not understand the risk of deportation that arose from his pleas. In an earlier appeal, this court remanded the matter ...

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00-2078 Crabill v. Trans Union, L.L.C.

“[T]he pertinent judicial landscape has changed with the Supreme Court’s decision this past term in Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 121 S. Ct. 1835 (2001). Rejecting the ‘catalyst’ theory under ...

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00-3353 Muskevitsch-Otto v. Otto

“The trial court not only correctly emphasized intent but correctly included other factors in its instruction. The other factors the trial court instructed the jury to consider were Kyle’s frequency and duration of stays at the Tetting home, his personal ...

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00-2657-CR State v. Green

Knova K. Green appeals from the judgment of conviction entered following his guilty plea to one count of possession of cocaine with intent to deliver, and the order denying his postconviction motion seeking to withdraw his guilty plea. On appeal, ...

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00-2852 State v. Casteel

“On five previous occasions, Casteel’s appeals have been dismissed based on Wis. Stat. sec. 974.06(4) and Escalona-Naranjo. This case is dismissed on the same basis. Because we conclude that Casteel knows or should know that this, his eighth postconviction order ...

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01-0614 Baumstein v. Myklebust

Paal Myklebust appeals from a money judgment of $50,115 in favor of Thea Baumstein. Myklebust contends he is not a proper party to the action because he is a member of a limited liability company. Alternatively, he asserts that Baumstein ...

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01-0105-CR State v. Marcus

Christopher Marcus appeals an order denying his motion to modify a five-year sentence imposed for escape. He argues that the sentencing court improperly exercised its discretion when it imposed the maximum sentence and that the sentence is so excessive and ...

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