Quantcast
Home / Case Digests (page 896) /

Case Digests

00-2519-CR State v. Hendrickson

Improper factors; modification; ineffective assistance Following conviction upon his Alford1 plea to one count of first-degree sexual assault, Richard Hendrickson moved for permission to withdraw his plea and for sentence modification. Hendrickson appeals the order denying his motion. He argues ...

Read More »

00-4029Firstar Bank, N.A. v. Faul

“‘[L]ocated’ should be construed to maintain jurisdictional equality between national banks and state banks or other corporations. In order to maintain this parity, national banks would need potentially to be citizens of two different states, since under 28 U.S.C. sec. ...

Read More »

00-2331 Haas v. Stark, et al.

Vance R. Stark appeals from a judgment granting Jon A. Haas a default judgment. Because the circuit court did not misuse its discretion by declining to extend the time for Stark to answer Haas’s complaint and entering a default judgment, ...

Read More »

00-3023-CR State v. Daniel R.F.

Joinder and severance; jury instructions Daniel F. appeals a judgment convicting him of first-degree sexual assault of a child and an order denying his motion for postconviction relief. He argues that his conviction should be overturned because (1) the trial ...

Read More »

00-3250Dye v. Wargo

“Dye has not cited, and we have not found, any case holding that a mutual release of civil liability is unenforceable under federal law. Federal courts have not embraced the view, see Owen M. Fiss, Against Settlement, 93 Yale L.J. ...

Read More »

00-2473 Bammert v. SuperValu Inc.

Karen Bammert appeals a judgment dismissing her action for wrongful discharge, claiming that her termination from employment violates public policy. Bammert alleges that she was fired because her husband, a police officer, participated in her employer’s wife’s arrest for driving ...

Read More »

00-0310-CR State v. Morris

Speedy trial; presumptively prejudicial delay Pharoah Morris appeals a conviction for armed robbery. He contends that he did not receive a speedy trial, in violation of the Wisconsin and United States Constitutions. We disagree, and therefore affirm. This opinion will ...

Read More »

00-2908Heard v. Sheahan

“The district court … thought the date of accrual was when the plaintiff discovered he had a medical problem that required attention. This would be correct if the suit were for medical malpractice. … But it is not; malpractice does ...

Read More »

00-1617 Volden v. OKK Corporation, et al.

Thomas and Barbara Volden appeal from a judgment dismissing their complaint against OKK Corporation and OKK U.S.A. Corporation (collectively, OKK). They challenge each of the trial court’s rulings on motions after verdict, particularly as those rulings rest on the trial ...

Read More »

00-2271Wynn v. Southward

“Wynn alleges that he has been unable to chew his food without his dentures, significantly impeding his ability to eat, and that he has suffered bleeding, headaches, and ‘disfigurement.’ These allegations are sufficient to demonstrate that Wynn has a serious ...

Read More »

00-2432 U.S. v. Steward

“[T]he government argued again that Steward’s holding of the package in his left hand, however fleetingly, the resulting control over it, and dropping it in hope of concealment established possession of it. … The government argues that Judge Murphy’s finding ...

Read More »

00-3632 U.S. v. Carlos-Colmenares

“Nothing in the statute’s language or background suggests that an illegally returning deportee cannot be convicted unless he knew he lacked the Attorney General’s express consent to reenter. On the contrary, the requirement that the Attorney General’s consent be ‘express’ ...

Read More »

00-1971 Alverio v. Sam's Warehouse Club, Inc.

“[L]awyers are given considerable leeway in formulating a gender-neutral rationale for jury strikes. … Here, in addition to identifying unique factors that only affected the three struck jurors – unemployment, participation as a plaintiff in a lawsuit, and employment in ...

Read More »

00-763 Pollard v. E.I. DuPont De Nemours & Co.

“In the Civil Rights Act of 1991, Congress determined that victims of employment discrimination were entitled to additional remedies. Congress expressly found that ‘additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace,’ ...

Read More »

00-2791 State v. Mata

“Mata argues that the trial court was erroneous in finding a factual basis for her forgery pleas because she contends that her conduct did not rise to the level of forgery. Mata claims that her use of aliases when opening ...

Read More »

00-2864 State v. Steele

“Here, the trial court determined that despite Steele’s qualifications under 302.045(2), the seriousness of his offenses precluded his participation in the program. We cannot say that this constituted a misuse of the trial court’s broad sentencing discretion. We therefore affirm ...

Read More »

00-1820 Behrndt v. Behrndt, et al.

Patrick Behrndt appeals from the denial of his motion for relief from the trial court’s judgment dismissing Patrick and approving the settlement as to all other parties. The issue on appeal is whether the trial court erroneously exercised its discretion ...

Read More »