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Case Digests

00-3196 In Re the Marriage of: Gray v. Gray

Mary Jo Gray appeals an order granting Mark Gray’s motion to reduce his child support obligation, setting his arrearage at $4,000, and denying Mary Jo’s motion to find Mark in contempt. She argues that the trial court incorrectly computed Mark’s ...

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01-2283-CR State v. Chapman

Geoffrey Chapman appeals his conviction for operating a vehicle while intoxicated, third offense. He argues that his motion to suppress the evidence of intoxication should have been granted because he was seized without reasonable suspicion. We reject the argument and ...

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01-0643-CR State v. Larson

Anthony Larson appeals a judgment convicting him of one count each of second-degree sexual assault and burglary, both as a repeater. He also appeals an order denying his motion for postconviction relief. Larson argues that the circuit court erred by ...

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00-1249 Thomas v. Chicago Park Dist.

Freedman is inapposite because, unlike the motion picture censorship scheme in that case, the Park District’s ordinance is not subject-matter censorship but content-neutral time, place, and manner regulation of the use of a public forum. None of the grounds for ...

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01-2206 State v. Molinaro

Richard Molinaro, pro se, appeals an order denying his postconviction motion to modify his sentence. Following his guilty pleas, Molinaro was convicted of attempting to elude an officer as a repeater and sentenced to eight years in prison. He was ...

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99-1823 EEOC v. Waffle House, Inc.

The Fourth Circuit based its decision on its evaluation of the “competing policies” implemented by the ADA and the FAA, rather than on any language in either the statutes or the arbitration agreement between Baker and respondent. If the EEOC ...

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01-1902-NM, 01-1903-NM, 01-1904-NM, 01-1905-NM In Re the Termination of Parental Rights to: Amanda L.W., Damien L.W., April M.W., Jesse J.V.: Brown County Department of Health & Human Services v. Kimberly A.M., et al.

Kimberly A.M. appeals orders terminating her parental rights to two of her four children. She argues: (1) she was denied due process because the trial court conducted an in camera interview with the two children outside the presence of Kimberly ...

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01-1179-CR, 01-1180-CR State v. Felten

Craig A. Felten appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Felten established the existence of a new factor which would warrant modification of ...

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00-1519 United States v. Arvizu

“The Ninth Circuit’s methodology departs sharply from these teachings, and it reached the wrong result in this case. Its evaluation and rejection of certain factors in isolation from each other does not take into account the “totality of the circumstances,” ...

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01-2977, 01-2978, 01-2979, 01-2980 In Re the Termination of Parental Rights to Preston T., Brandon T., Ashton T., Alyssa T.: La Crosse County Department of Human Services v. Peter T.

Peter T. appeals orders terminating his parental rights to four children. He claims the trial court erred in admitting evidence of events which occurred prior to the CHIPS2 dispositional order which formed the basis for the termination proceedings. We conclude ...

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00-3194 State v. Myers

Michael Myers appeals an order denying his postconviction motion in which he sought relief from a judgment convicting him of sexually assaulting his son and exposing the child to harmful material. He argues that his trial counsel was ineffective for ...

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01-1641 Koger v. Town of Seymour

Ernest Koger appeals an order lifting a stay of the raze order issued by the Town of Seymour pursuant to Wis. Stat. sec. 66.05(1m)(a) (1997-98). The circuit court found that grounds existed for the Town’s raze order on an unfinished ...

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00-2843 Kuski, et al. v. George, et al.

Jeremiah George and Nancy Pienkowski (collectively “the Georges”) appeal a judgment permanently enjoining them from hindering Steve and Tammy Kuski, Fred and Sabina Henckel and Richard and Catherine Peiguss (collectively “the Kuskis”) from their use of an easement. The Georges ...

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99-2980 State v. Shuttlesworth

Although defendant contends that the state violated Wis. Stat. Sec. 972.11(5)(b) by failing to submit probability statistics in support of its DNA evidence against defendant in this kidnapping and sexual assault case, this appeal must be dismissed as improvidently granted ...

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00-1861 Keip v. Nicewander, et al.

Carol Keip sued the Stevens Point Area School District; the district’s transportation director, James Nicewander; and the district’s insurer, Employers Insurance of Wausau, alleging defamation and, pursuant to 42 U.S.C. sec. 1983 (1994), a federal due process violation for failing ...

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01-0835-CR State v. Weishar

Randy A. Weishar appeals from a judgment entered on a jury verdict convicting him of criminal damage to property. The jury acquitted Weishar of the crime of failing to give information or render aid following his striking an occupied vehicle. ...

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01-1523 Jessup v. Luther, et al.

“The public has an interest in knowing what terms of settlement a federal judge would approve and perhaps therefore nudge the parties to agree to. All this would be of no moment, however, if the agreement were not in the ...

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01-0937-CR, 01-0938-CR State v. Meyer

Douglas Meyer appeals a judgment convicting him on his guilty pleas of retail theft as a repeater in Pierce County and possession of burglary tools as a repeater in St. Croix County. He also appeals an order denying his postconviction ...

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01-1555 Culver v. City of Milwaukee, et al.

“Although the class was rightly decertified, and the suit, having thus been demoted to an individual action, therefore rightly dismissed because Culver’s claim had become moot, there is a loose end. Rule 23(e) requires that notice of a proposed dismissal ...

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01-0140-CR State v. Johnson

George Johnson appeals a judgment convicting him of two counts of incest with his adult daughter, M.J. Johnson’s defense asserted that she was not his daughter or that he did not know she was his daughter. The State proved those ...

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01-1380 U.S. v. Alshabkhoun

“We agree with A&A that access to the courts is of paramount importance. However, it does not follow that an agreed upon provision that allows for the accrual of stipulated penalties during any dispute resolution is unenforceable as a matter ...

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01-1679 State v. Gordon

“The trial court did not recite the jury instruction on first-degree recklessly endangering safety. Rather, it simply responded to the jury’s specific and logical inquiry by explaining that the crime of first-degree recklessly endangering safety involves an additional element – ...

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01-0347-CR State v. Delgado

Carlos R. Delgado appeals from a judgment entered after a jury found him guilty of two counts of first-degree sexual assault of a child. He also appeals from an order denying his postconviction motion. Delgado argues that his conviction should ...

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