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Case Digests

00-3077 Riester v. Schleicher, et al.

Arnold and Diane Schleicher appeal a judgment granting Jeffrey and Jone Riester specific performance on an option to purchase real estate. The trial court separated this action from the Schleicher’s third party misrepresentation action against the real estate agent who ...

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00-0361 Schultz v. Natwick, M.D.

“The parties here agree that Neiman [v. American National Prop. & Cas. Co., 2000 WI 83] does not expressly state whether the court was addressing a ‘facial’ or an ‘as applied’ challenge to retroactive application of the increased damages cap. ...

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00-3024 Ames v. Illick, et al.

Mark Illick, d/b/a Illick Electric and his insurer, appeal a judgment awarding Arvid Ames, d/b/a Ames Whitetail Ranch, $34,875 for Illick’s negligence in causing the death of twenty-one deer on Ames’ ranch. After trial to the court, the court found ...

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01-0282 State v. Blanck

“The United States Supreme Court has stated that on its face, the protection of the Sixth Amendment is triggered only when a criminal prosecution has begun and extends only to those persons who have been accused in the course of ...

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01-0369 Wisconsin Gas Company v. Bauer, et al.

Beth Bauer appeals from the trial court order denying her motion to vacate a judgment dismissing her third-party claim against Integrated Mail Industries, Inc. We affirm. Publication in the official reports is not recommended. Dist I, Milwaukee County, Miller, J., ...

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00-3257 State v. Vanmanivong

“Here, the State conceded that Vanmanivong met his minimal initial burden and acknowledged that the next step would be for the trial court to conduct an in camera inspection. The State offered to have the informants present to testify and ...

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01-0630 Treml v. Zwisler

Rudy Treml, acting pro se, appeals from an order dismissing his small claims action against Eugene Zwisler based upon his failure to present trial evidence sufficient to establish a prima facie case. He contends that because the doctrine of res ...

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01-0023 State v. Hirsch

“Hirsch offers no evidence of misadventure that could account for the trauma sustained by Laurie. The jury heard testimony from other witnesses and heard tapes of Hirsch himself, which demonstrated that he gave conflicting explanations for the cause of Laurie’s ...

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01-1349-CR State v. Hart

Daniel P. Hart appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Hart argues that the trial court erred when it refused to allow him to introduce as evidence the results of his ...

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00-1444 State v. Hart

Although there may be circumstances when, based on probable cause, an arrest is inevitable and therefore it is a mere formality whether arrest comes before or after the search, in this case no arrest was going to occur at the ...

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01-0433 Volden v. Koenig, et al.

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. ...

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01-0939 Mulqueen, et al. v. Geller

Daniel Geller appeals from the judgment entered against him on March 2, 2001 granting a judgment of eviction to the plaintiff, Michael T. Mulqueen, et al., and terminating all of Geller’s contractual rights under four leases. Geller raises three issues ...

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00-1128 Flores-Leon v. INS

“We join the First and the Ninth Circuits in concluding that Congress has clearly manifested an intent to apply the amended definition of ‘aggravated felony’ retroactively… Section 321 of IIRIRA contains a clear and express directive from Congress that the ...

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00-3201 Berghauer, et al. v. Heyl, et al.

This appeal arises from a judgment following a jury verdict in a medical malpractice case. Dr. Bruce Heyl, St. Elizabeth Hospital, and their respective insurance companies (collectively, Heyl and St. Elizabeth), argue that (1) insufficient evidence supports the jury’s verdict ...

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99-2722, 99-2765 U.S. v. Williams, et al.

“The district court here found the government’s reasons to be adequate and race-neutral. We agree that the reason stated is clear, specific and related to the case. The government had some information that Juror P could be related to a ...

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00-3366-CR State v. Seely

Kenneth J. Seely appeals from a judgment convicting him of three counts of substantial battery with intent to commit bodily harm, second-degree sexual assault and intimidating a victim and from an order denying his postconviction motion for sentence modification. On ...

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01-0433 Volden v. Koenig, et al.

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. ...

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00-3432-CR State v. Hennings

Charles E. Hennings appeals from a judgment entered after a jury convicted him of felony murder. Hennings also appeals from the trial court’s order denying his postconviction motion for a new trial. Hennings argues that the circuit court erred in ...

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00-3977 U.S. v. Duvall

“We believe that the government’s notice did not adequately summarize or describe Erk’s trial testimony. The Rule requires a summary of the expected testimony, not a list of topics. The government’s notice provided a list of the general subject matters ...

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01-1177 State v. Fields

“In this case, we agree with Fields that the information filed on October 2 was woefully inadequate and failed to technically comply with the pleading requirements of Wis. Stat. § 973.12(1) as interpreted by the Gerard court. The information, by ...

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01-0718-CR State v. Jarvey

Leland Jarvey appeals from a judgment entered on a jury verdict convicting him of first-degree murder. Jarvey seeks a new trial on grounds that the trial court erroneously exercised its discretion when it admitted other acts evidence that Jarvey allegedly ...

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00-1241 U.S. v. Seward

“The district court’s bare holding that Seward was ‘being untruthful’ falls short of even a liberal application of Dunnigan. Although the district court’s ruling certainly indicates that the court found one element of perjury, false testimony, and read generously, could ...

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01-1136 State v. Carlson

Although the juror himself said that he did not understand English well enough to competently hear the case, we conclude that the trial court properly considered all the evidence that informed on Vera’s ability to comprehend English, and found that ...

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01-0055-CR State v. Hicks

Aaron Hicks appeals a judgment of conviction for second-degree sexual assault with an unconscious person, and the order denying his motion for postconviction relief. He contends he was denied effective assistance of counsel because trial counsel did not consult an ...

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00-1045 TRW, Inc. v. Andrews

“Congress provided in the FCRA that the two-year statute of limitations runs from ‘the date on which the liability arises” subject to a single exception for cases involving a defendant’s willful misrepresentation of material information. sec. 1681p. The most natural ...

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