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Case Digests

00-2446 Parrett v. Sudeta, et al.

Christopher Sudeta appeals a summary judgment dismissing his third-party complaint for contribution against Vilas County. Sudeta, who was sued because of an automobile collision, claimed that a deputy sheriff’s negligence contributed to cause the accident. The circuit court concluded the ...

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00-2550 Kasun v. Owens-Illinois Inc.

Stephen J. Kasun, Jr., and his wife, Edna Kasun, appeal from the judgment, following a jury trial, dismissing their action against Owens-Illinois, Inc., and from the circuit court’s denial of their postverdict motions. They present numerous arguments, all of which ...

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01-8016 Isaacs v. Sprint Corporation

“The certification order must be reversed, and not only because one-way intervention is forbidden. Fed. R. Civ. P. 23(c)(2)… The rule could not be clearer, and this is hardly a case in which class action treatment is obviously appropriate. Quite ...

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00-2991 McMasters v. U.S.

“McMasters’ assertion that Ninth Circuit precedent applies in this case is incorrect. Although the law of the transferor court continues to apply when a diversity case is transferred from one district court to another under sec. 1404(a), see Van Dusen ...

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00-3401-CR State v. Washington

James Washington appeals from a judgment convicting him of armed robbery as a repeat offender. He claims the evidence was insufficient to support his conviction because the victim lacked a reasonable belief that he had a weapon. We disagree and ...

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00-3315-CR State v. Matthew F.G.

Matthew F.G. appeals from a judgment convicting him of first-degree sexual assault of a child, with a child responsibility enhancer, and from an order denying his postconviction motion. The victim was his three-year-old daughter, Evette K.G. The issues are whether ...

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00-2787 Dykema v. Skoumal

“Dykema was experienced in drug transactions, a business he knew to be dangerous. He claimed he knew how to operate in drug matters better than the police. He viewed himself as an instructor from whom the police could learn. He ...

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00-2499-CR State v. Rachal

Billy Rachal appeals from a judgment convicting him of second-degree reckless injury, and from an order denying postconviction relief. The issues are whether the jury heard sufficient evidence to find him guilty, whether the trial erroneously excluded certain testimony, and ...

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00-3631 Berry v. Delta Airlines, Inc.

“Title VII does proscribe gender-based harassment even when it is not motivated by sexual desire, and it is true that ‘[c]ourts should avoid disaggregating a hostile work environment claim, dividing conduct into instances of sexually oriented conduct and instances of ...

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00-3134 State v. John Tomlinson, Jr.

“In determining whether a minor has actual authority to consent to the entry, two factors may guide the courts. The first factor is the age of the child because ‘as children grow older they … acquire discretion to admit … ...

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00-2336-CR State v. Meyer

Kurt Meyer appeals a judgment convicting him of being party to the crimes of robbery with use of force, burglary, substantial battery with intent to do substantial harm, and disorderly conduct. Meyer claims the trial court improperly denied his request ...

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00-2821 Yetman v. Garvey

“[T]he rigorous nature of the FAA’s exemption requirements is not pertinent at this juncture. Our inquiry is limited to examining whether the FAA has appropriately considered the evidence, and provided sufficient justifications for its decisions. We cannot say that the ...

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00-2576-CR State v. Walker

Roger S. Walker appeals from a judgment of conviction entered against him after a jury trial, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel. Because we ...

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01-1058 U.S. v. Elizalde-Adame

“Elizalde-Adame notes that at one point during the plea hearing the district court asked the Assistant United States Attorney (‘AUSA’), ‘is there a waiver of appellate rights?,’ and the AUSA responded, ‘[t]here is not, Your Honor.’ However, when read in ...

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01-0162 Hernandez v. Behrndt

Patrick Behrndt appeals from a judgment of the circuit court dismissing his demand for a trial de novo and awarding John and Gail Hernandez (the Hernandezes) attorney’s fees. Behrndt argues that the circuit court erred in dismissing his demand for ...

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00-2884 State v. Gazic

Vlado Gazic appeals from the order denying his motion for relief under Wis. Stat. sec. 974.06 (1999-2000). The issue on appeal is whether Gazic received ineffective assistance of counsel. Because we conclude that he did not receive ineffective assistance of ...

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00-2803 U.S. v. Morris

“Morris has shown that an actual conflict of interest existed under the second test. Wasserman would seem to have a self-interest in protecting himself from a malpractice claim. However, Morris’s argument was predicated on Wasserman’s purportedly false advice. The judge ...

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00-3118-CR, 00-3119-CR State v. Skibba

Anthony Skibba appeals from a series of judgments convicting him of three counts of causing bodily injury by operation of a motor vehicle under the influence of intoxicants and three counts of failing to perform a duty upon striking an ...

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00-2167 Valenzuela v. U.S.

“Valenzuela alleges that his counsel was deficient because he did not call an expert witness to refute the government’s contention that the controlled substances at issue were crack cocaine rather than powder cocaine or another form of cocaine base. At ...

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00-3043 U.S. v. Spiller

“The government presented evidence that Spiller wrote the ledgers and that they were kept in his own bedroom, where he also kept crack equipment and proceeds. A party’s own statements offered against him are considered admissions by a party-opponent, and, ...

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