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Case Digests

01-2238-CR State v. Simpson

Willie C. Simpson appeals from a judgment of conviction entered after a bench trial where he was found guilty of two counts of first-degree sexual assault of a child. He also appeals from a postconviction order. Simpson raises two claims ...

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01-1295 State v. Brockett

“While Wis. Stat. § 974.05 sets forth those rulings from which the State may appeal, there is nothing in the language of the statute prohibiting the trial court from hearing a motion to reconsider. As the State correctly points out, ...

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01-2522 Marques v. Federal Reserve Bank of Chicago

“[W]e do not know which document, the plaintiffs’ notice of voluntary dismissal or the defendant’s motion to dismiss, was filed first. The plaintiffs argue that the bank acknowledged in the district court that the notice of voluntary dismissal was filed ...

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01-0542 State v. Grindemann

“We nonetheless conclude, pursuant to our authority under Wis. Stat. § 752.02, that a circuit court should proceed in a fashion similar to that outlined in Wis. Stat. § 974.06(3) when it receives a motion requesting sentence modification. Under that ...

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01-3394-FT Bouchette v. Spatola

Catherine Spatola appeals a judgment of the circuit court awarding Richard Bouchette the sum of $2,330.67 for unpaid renovations to Spatola’s home. For the following reasons, we affirm. This opinion will not be published. Dist IV, Juneau County, Wolfe, J., ...

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01-1983 In Re the Marriage of: Strnad v. Strnad

Mary Ann Strnad appeals the property division granted in a divorce judgment. She argues that the trial court erroneously included as property subject to division the sum of $7,489 she received as inheritance. We conclude that the trial court correctly ...

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01-3623 Pozo v. McCaughtry, et al.

“To exhaust administrative remedies, a person must follow the rules governing filing and prosecution of a claim. As Artuz v. Bennett, 531 U.S. 4, 9-10 & n.2 (2000), observes, these include time limits. Consider once more the analogy to collateral ...

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01-0073 Grice Engineering, Inc. v. Szyjewski

“First, the record shows that Grice Engineering acted promptly when it learned there might have been clerical error. It received an anonymous call on a Friday, six weeks after the verdict, and began contacting jurors the following week. Within two ...

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01-2941 Indiana Family & Social Services

“Common sense alone dictates that in order for an information system to operate, it must be technically functional and also have access to the input required to perform its tasks. Otherwise the goal of using the system to process claims ...

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01-1717 Batt v. Sweeney and Allstate Insurance Co.

“We hold that Barbara Batt’s affidavit alleged fraud. In her affidavit, Batt stated that she told Kahn her income had been substantially reduced since the accident because of her injuries and that she was particularly concerned about the loss of ...

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01-2826 The Estate of Lucille A. Salwey v. Klein, et al.

Connie Klein appeals from a judgment in favor of the estate of Lucille A. Salwey, by Chippewa County Family Services, Inc., her special administrator (hereafter, the estate). The judgment requires Klein to pay the estate $90,707 plus costs and imposes ...

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02-0043-FT In Re the Estate of Stolzman v. Roberts

Amy Plummer appeals from an order designating Tina Roberts as a nonmarital child and heir of Robert Stolzman. Amy argues that the evidence Tina presented on the paternity question was insufficient, as a matter of law, to overcome the presumption ...

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00-3242 Rodriguez v. U.S.

“Rodriguez also claims that his counsel’s performance was substandard because he effectively entered a guilty plea by conceding that Rodriguez delivered ten ounces of marijuana to Michael Cook, a former conspirator who was, at the time, in Texas cooperating with ...

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01-0931-CR State v. Sanicki

James Sanicki Jr., appeals a judgment convicting him of first-degree intentional homicide. He also appeals an order denying his motion for postconviction relief. Sanicki argues that the trial court misused its discretion by denying his motion for a new trial ...

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01-1383 U.S. v. Alvarez-Martinez

“The act of prying open the window of a locked vehicle qualifies as a use of physical force against the property of another, as 18 U.S.C. sec. 16(a) uses the term-this was not a case in which the car owner ...

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01-1021 Flint v. O'Connell, M.D.

“Therefore, we conclude that Rieck [v. Medical Protective Co., 64 Wis.2d 514 (1974)] controls the public policy analysis of the damages associated with the costs of raising a healthy child to the age of majority because Flint had only an ...

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01-2021-CR State v. Grubor

Alexander Grubor appeals from a judgment of conviction of possession of THC with intent to deliver and a related tax stamp violation. He argues that the jury was tainted because the venire panel viewed weapons during voir dire. He also ...

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01-0774 State v. Rouse

“Although it is true that Rouse’s crime was not the cause of the bank’s employees being paid their salaries, Rouse does not dispute that his conduct was a substantial factor in causing them to investigate his forgeries rather than perform ...

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01-1292-CR State v. Nelson

Mark Nelson appeals from the judgment of conviction entered after a jury trial and the order denying his motion for postconviction relief. He argues on appeal that the trial court erred when it admitted certain evidence. Because we conclude that ...

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01-1662 State v. Smith

“When the trial court stated that it saw a need to ‘avoid needless consumption of time’ and to ‘protect [the victim] from further harassment,’ it tacitly invoked § 904.03. In light of this, [citation], and the following reasons, we conclude ...

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01-0967-CR State v. Taylor

William D. Taylor appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Taylor received ineffective assistance of trial counsel. Because Taylor failed to provide the ...

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