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Case Digests

00-3613 Sanghvi v. St. Catherine's Hospital, Inc.

“Triana’s interrogatory is evidence of racial discrimination, since it suggests that Triana believed that Dr. Sanghvi could have difficulty forming patient relationships with white women because of his race. However, all of the other facts, which are basically undisputed, point ...

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98-3004 Gaugert v. Duve, et al.

We reject the third-party buyer’s claim that under Wis. Stat. sec. 808.07(1) the option-holders were required to obtain a stay pending appeal in order to preserve the status quo after the circuit court entered judgment. Further, we find that the ...

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00-1443 In Re the Marriage of: Wathen v. Moore

Robert Moore appeals from an order amending the judgment annulling his marriage to Patricia Wathen. The appeal concerns rulings pertaining to the parties’ child custody arrangements and Moore’s efforts to change them. We affirm. This opinion will not be published. ...

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00-2427 Sentry Insurance v. Davis, et al.

Sentry Insurance Company appeals an order which dismissed its action for a judgment declaring that its policy did not provide liability coverage to its insured, Rodney Davis, for an accident in which his vehicle was involved. The trial court declined ...

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00-1799A Guerrero-Perez v. INS

“We cannot adopt the approach that a splintered majority of the Board in Crammond supports. None of the positions articulated by the various Board Members who make up the majority present statutory interpretations that we have not considered previously. Thus, ...

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01-0391-FT Pettis, et al. v. Close

John and Jo Close appeal from a judgment declaring that Jeff Pettis had acquired by adverse possession land previously titled to the Closes. They challenge the trial court’s findings that the disputed land had been substantially enclosed and cultivated or ...

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01-1034 & 01-1080 Moriarty v. Pepper

“The application that Pepper signed does not specifically state that he agreed to delegate and assign his bargaining rights to the FDSA nor does the Labor Negotiations provision in the FDSA’s Constitution refer to each member having to designate for ...

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00-1730 Salbashian v. Matzke, et al.

Victor Salbashian appeals from the trial court’s decision granting summary judgment, thereby dismissing his claims for negligent construction against Opportunity Homes Inc. (OHI) and Wausau Homes Inc. (Wausau). On appeal, Salbashian argues that the trial court erred by applying the ...

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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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