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Case Digests

99-3328-CR State v. Oakley

“Even though the motion for reconsideration is denied, we find it appropriate now to withdraw the following language from the third sentence in paragraph 3, ‘-where one of the victims was his own child’, and the following language from the ...

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01-0296 State ex rel. Machotka v. Bartlett

Marsha Machotka appeals from an order denying her motion to establish a past child support obligation against William Bartlett. Bartlett argues that Machotka’s motion is barred by Wis. Stat. sec. 767.32 (1997-98) and claim preclusion. We agree that Machotka has ...

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00-2946 U.S. v. Gracia

“Although not applicable to the 1998 guidelines used in Gracia’s case, we note that as of Nov. 1, 2000, the Sentencing Commission amended the Statutory Index (Appendix A), specifying which guideline section applies to the statutory conviction. The Commission wrote: ...

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01-0969 Third World LLC v. Wiese

Robert and Lana Wiese appeal from a judgment ordering them to convey land to Third World, LLC. The trial court granted summary judgment in favor of Third World after it sued the Wieses for the specific performance of a land ...

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00-3046 Walker v. O'Brien

Aubrey and Irma Walker appeal from a judgment, following a jury trial, awarding them damages but not attorney’s fees. The Walkers argue that the trial court was incorrect in ruling that Wis. Stat. sec. 100.18 (1999-2000) does not apply to ...

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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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00-3077 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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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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01-1619-CR State v. Ross

Ryan Ross appeals from a judgment of conviction, following his guilty plea, for possession of a controlled substance. Ross contends that the trial court erred in denying his motion to suppress. Specifically, Ross argues that his “Fourth Amendment rights were ...

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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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