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Case Digests

01-3104-FT Village of Lake Delton v. Roberts

The Village of Lake Delton appeals the dismissal on summary judgment of its action to compel James Roberts to remove a backyard deck which the Village alleged violated a local setback ordinance. We conclude that the deck complied with the zoning code in effect at the time the deck was built, and therefore affirm. This opinion will not be published. ...

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01-2081 Thielman v. Leean, et al.

“Just as Sandin dealt with prison regulations, it also dealt with a prison and a prisoner. Although the WRC, in part, houses correctional inmates, it cannot be termed a prison with regard to Chapter 980 patients. The entire premise of Wisconsin’s sexually violent person commitment scheme is that a patient is not confined as punishment for his earlier criminal behavior. ...

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01-1356 Outagamie County v. McGlone

Martin McGlone appeals an order remanding him to the custody of the Outagamie County Sheriff to serve jail time of 1,160 days for failure to pay forfeitures. McGlone argues that his right to due process was violated because the court imposed forfeitures for conduct that was not proved and that occurred after his trial. We agree and reverse the order ...

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01-1460 Delgado v. Jones, et al.

“On the facts of this complaint, Delgado had information about criminal activity that potentially involved an immediate relative of an elected official, who also happened to be a close personal friend of Chief Jones. Fully divulging this information to his superiors may have been consistent with his obligations as a police officer in seeking an independent and objective investigation. And ...

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01-2217 Mt. Horeb Community Alert v. Village of Mt. Horeb

For example, contrary to the Village’s argument, we conclude that the proposed ordinance does not conflict with Wis. Stat. Sec. 67.05(2)(b), authorizing a municipality to borrow funds. “The proposed ordinance is not an initial resolution. It requires a referendum ‘prior to the start of any physical construction of any municipally financed … project.’ Borrowing is not and need not be ...

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01-1626 Gardner, et al. v. Wisconsin Patients Compensation Fund, et al.

Sinai Samaritan Medical Center, Inc. (Sinai) appeals the judgments entered against it following a jury trial in a medical malpractice action brought by Kira Gardner and her parents against Sinai and Dr. Richard Panish. Sinai argues that it is entitled to a new trial because the special verdict failed to list Kira’s mother, Barbara Gardner, in the comparative fault question. ...

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01-1684-CR State v. Blue

Anthony Blue appeals the judgment convicting him of resisting an officer and bail jumping. Blue requests this court to modify his sentence to one year from the trial court imposed two consecutive nine-month sentences. He argues that what occurred here was an “abuse of the courts [sic] discretion,” and that new factors require changing his sentence. This court affirms. This ...

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01-1291, 01-1292 U.S. v. Scialabba

“Treating the word as a synonym for receipts could produce odd outcomes. Consider a slot machine in a properly licensed casino. Gamblers insert coins, and the machine itself returns some of them as winnings. Later the casino opens the machine and removes the remaining coins. What are the ‘proceeds’ of this one-armed bandit: what’s left in the cash box, or ...

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01-0201 State ex rel. Olson v. City of Baraboo Joint Review Board

Although the Joint Review Board was erroneously listed as one of the Boards that would not be taking formal action at the meeting, Wis. Stat. sec. 19.84(2) is not violated in each instance that a public notice contains any type of incorrect information, when the notice is not otherwise misleading to the public. Therefore, the public notice did not violate ...

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99-1727-CR State v. Bridges

Jharvan Bridges appeals from the judgment of conviction entered against him. The issue on appeal is whether there was sufficient evidence produced at trial to support Bridges’ conviction for possession of cocaine with the intent to deliver, as a party to a crime. Because we conclude that there was sufficient circumstantial evidence from which a jury could reasonably have found ...

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00-0420 Manitowoc Western Co. v. Montonen

“We agree that encouraging the efficient resolution of disputes through settlement negotiations and avoiding factual inquiries that are certain to devolve into swearing matches are important public policy considerations. These public policy goals may, upon initial examination, appear to justify rules like the ones Montonen advances. Ultimately, however, we are not convinced that they are best achieved by an expansion ...

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00-3809 U.S. v. Lemmons

“Lemmons accompanied the police around his trailer, inviting them to look at different things. Had Lemmons stuck to his initial consent limiting the police to search for a camera or recordings of his neighbor, the computer search would have been illegal. Had Lemmons consented to the search of the computer, but only for computer images of his neighbor, Pope’s search ...

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01-1152 Kailin v. Armstrong

“The Estimated Income and Expense document does not contain a date. However, because it was provided in late 1998, it is reasonable to infer that Armstrong actually expected to receive $146,700 in income from the current leases in 1998. Since Armstrong would receive that amount of income only if all the tenants listed on the Lease Information paid the full ...

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00-3463 State v. Williams

Victor Williams appeals from an order denying his postconviction motion brought under Wis. Stat. sec. 974.06 (1999-2000). He raises a number of issues. We affirm. This opinion will not be published. Dist IV, Dane County, Ebert, J., Per Curiam Attorneys: For Appellant: Victor T. Williams, Oshkosh For Respondent: John R. Burr, Madison; William L. Gansner, Madison

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00-2157 Schaefer v. Riegelman

Accordingly, we affirm the circuit court’s ruling that it lacked jurisdiction to consider the matter. “We conclude that the pleadings were defective, the defect was fundamental rather than technical, and that the defect was not cured by any action taken by the plaintiff. Thus, the circuit court properly granted the defendant’s motion for summary judgment based on a lack of ...

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01-3009 U.S. v. Chay

“By focusing on his personal ‘gain’ rather than the calculation of the victims’ loss, Mr. Chay fails to address the real issue posed by the statutory scheme: whether the district court’s calculation of the amount of loss Mr. Chay caused the victims was within the bounds of its discretion. Mr. Chay’s position is somewhat analogous to a bank robber asking ...

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01-1678 City of Madison v. Public Utilities Commission of Wisconsin

“The basis for the PSC decision is that the proposed rate increase would be used to benefit a select group of customers by providing a subsidy for the replacement of the privately-owned lead laterals, which those customers are responsible for maintaining and repairing. The PSC’s decision reflects its consideration of the issue of lead reduction and potential penalties for noncompliance ...

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01-0867-CR State v. Howard

Chris Howard appeals orders denying his motions for sentence modification and reconsideration. Howard claims the State failed to present sufficient evidence to prove that he was a repeater and that defense counsel performed ineffectively by failing to bring the omission to the court’s attention. He also contends that the prosecutor made unsupported statements at sentencing which should have been challenged ...

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00-0277 Dodgeland Education Assoc. v. Wisconsin Employment Relations Commission

“[W]e are satisfied that the amount of preparation time provided to teachers during the workday directly impacts on fundamental educational policy issues such as: (1) how many and what types of classes can be offered to students; (2) how will existing school buildings be used; and (3) how should the student day be structured. Balanced against this impact on educational ...

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01-1467 State v. Venturedyne Ltd.

Venturedyne Ltd. appeals from an order finding it in contempt for violation of its obligation under a stipulation to construct an impermeable cap for a large industrial waste disposal site. Venturedyne claims: (1) the trial court erred in making the contempt finding because Venturedyne’s actions were not “intentional”; and (2) the trial court’s remedial sanctions were inappropriate. Because the record ...

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01-0988-CR State v. White Eagle

Larry White Eagle appeals a judgment convicting him of first-degree sexual assault of a child. He claims the trial court should have allowed him to withdraw his guilty plea prior to the imposition of his sentence. We disagree and affirm. This opinion will not be published. Dist IV, Juneau County, Brady, J., Per Curiam Attorneys: For Appellant: Robert D. Miller, ...

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01-1959 In the Matter of Disciplinary Proceedings Against Thomas D. Baehr, Attorney at Law

Where attorney Thomas D. Baehr failed to keep a client informed about the status of a matter, willfully failed to cooperate with the Office of Lawyer Regulation grievance investigations, failed on termination of the representation to take steps to protect a client’s interests and failed to act with reasonable diligence and promptness in representing a client, we agree with that ...

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01-1775 In Re the Marriage of: Butler v. Butler, et al.

Nadine Butler appeals a divorce judgment. She argues that the trial court erroneously found that her marriage was irretrievably broken and that there was no reasonable prospect of reconciliation. Because the record supports the trial court’s determination, we affirm the judgment. This opinion will not be published. Dist III, Brown County, McKay, J., Per Curiam Attorneys: For Appellant: Sharren B. ...

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01-0355-CR State v. Dion

Ronald Dion appeals from a set of judgments convicting him of burglary, aggravated battery, and two counts of interfering with the custody of the other parent. Dion challenges the trial court’s exclusion of a prior consistent statement he made to his original defense attorney and the denial of his motion for mistrial following what Dion considers to have been an ...

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02-0266 In the Matter of Disciplinary Proceedings Against Mark R. Prichard, Attorney at Law

Where attorney Mark R. Prichard has acknowledged that he cannot successfully defend himself against 77 counts of professional misconduct in 20 separate client matters as alleged against him in a disciplinary complaint prepared the Office of Lawyer Regulation, a complaint which variously includes charges that Prichard failed to cooperate with the OLR’s grievance investigation; he failed to act with reasonable ...

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01-1023 In Re the Marriage of: Guth v. Guth

Melanie Guth appeals an order denying her request for costs and actual attorney fees in this custody and placement dispute. Melanie argues that she is entitled to costs and fees under Wis. Stat. sec. 804.12(3) as a matter of law because her former husband, Timothy Guth, refused to admit her demand for admission concerning placement of the parties’ children. We ...

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01-1500 State v. Dantzler

Jermaine V. Dantzler appeals from a judgment entered on a jury verdict convicting him of one count of first-degree reckless homicide. He also appeals from an order denying his postconviction motion. Dantzler claims that he is entitled to a new trial, or in the alternative, an evidentiary hearing because: (1) the trial court erroneously exercised its discretion when it admitted ...

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99-2189 State v. Dunlap

“In the present case, the acts that Dunlap seeks to admit are not even close to the type of act he is accused of committing. Dunlap is alleged to have committed an act of finger-to-vagina sexual contact with possible digital penetration. The prior behaviors that Dunlap seeks to introduce – that the complainant had touched men in the genital area, ...

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01-0473 In Re the Paternity of Derek S.H.: State, et al. v. Daniel G.H.

Daniel G.H. appeals orders establishing child support and amending a paternity judgment. Daniel argues that the jury’s finding that he did not consent to sexual intercourse should bar or reduce his child support obligation. The State cross-appeals and argues that because Daniel did not have a right to a jury trial, its decision was not binding. We agree with the ...

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00-3027-CR State v. Sobish

Linda Sobish appeals a judgment convicting her of second-degree murder based on the death of an infant in her care over 20 years ago. The sole issue on appeal is whether the jury should have been instructed on the lesser-included offense of reckless homicide. We conclude that the trial court properly denied the requested jury instruction and affirm. This opinion ...

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