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Case Digests

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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00-2609 U.S. v. Booker

“Booker is correct that the government’s chemical evaluations identified the drugs generally as cocaine base and not as a specific type of cocaine. But we are aware of only two substances that are classified as cocaine base: crack cocaine and ...

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00-3221-CR, 00-3222-CR State v. Hood

Terrence Hood appeals from judgments convicting him on two armed robbery counts, three false imprisonment counts, and one count of auto theft. He also appeals from the order denying him postconviction relief. In exchange for certain concessions, Hood entered no ...

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00-4072 WICOR, Inc. v. U.S.

“We cannot think of any fundamental or economic objection to the restatement proposed by the gas company, which would eliminate any difference in taxation between a utility’s being forced by the regulators to reduce its rates and its being forced ...

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00-2068-CR State v. Giegler

Thomas Giegler appeals from a judgment of conviction on one count of burglary as a party to the crime and as a habitual criminal, and from an order denying his postconviction motion. The issues are whether his counsel was ineffective ...

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00-0258-CR State v. Johnson

Priest Johnson appeals a judgment convicting him of three counts of second-degree sexual assault of a child. He was convicted after a bench trial and sentenced, as amended, to prison terms totaling 20 years. On appeal he contends that: (1) ...

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00-2165 Larson v. Seidling, et al.

Four Star Properties, Bernard and Christine Seidling and Seidling Trust appeal those parts of a judgment requiring them to refund alleged overpayments made on a land contract. The trial court concluded the land contract was ambiguous as to the starting ...

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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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