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Case Digests

00-2257 Neldaughter v. State of Wisconsin Board of Nursing

Stacie Neldaughter appeals an order that affirms a decision of the Wisconsin Board of Nursing. The Board disciplined Neldaughter, formerly a registered nurse in Wisconsin, for misconduct and unprofessional conduct. She contends that the Board misinterpreted the administrative code provisions ...

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01-1773-CR State v. Lenox

Roger Lenox challenges the sentence he received on his conviction for second-degree sexual assault of a child. Following his guilty plea, the court sentenced Lenox to 20 years’ confinement and 10 years’ extended supervision. Lenox contends that the sentencing court ...

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00-3547 Howard v. Labor and Industry Review Commission, et al.

The Labor and Industry Review Commission (LIRC) appeals a circuit court order which reversed its determination that Alice Howard was ineligible for unemployment benefits under Wis. Stat. sec. 108.04(7)(a) (1999-2000) because she voluntarily terminated her employment. The issue turns on ...

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01-0530-CR State v. Hoye

Darwin Hoye appeals a judgment of conviction for being party to the crime of first-degree recklessly endangering safety by use of a dangerous weapon. He claims: (1) the evidence was insufficient to support a probable cause determination at the preliminary ...

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00-2844 Mendard Inc. v. Labor & Industry Review Commission

David Larson appeals an order reversing a decision of the Labor and Industry Review Commission. The commission held that Menard, Inc., had discriminated against Larson because of his arrest record in violation of Wis. Stat. sec. 111.31, the Wisconsin Fair ...

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01-0973-CR State v. Odell

Fred J. Odell appeals an order of the circuit court denying his postconviction motion. We affirm. This opinion will not be published. Dist IV, Dane County, Fiedler, J., Lundsten, J. Attorneys: For Appellant: Fred J. Odell, Madison For Respondent: Paul ...

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01-0729 Palmer, et al. v. Dupont Mutual Insurance Company

Dupont Mutual Insurance Company appeals a summary judgment ordering it to pay the limits of its homeowners insurance policy issued to William and Karen Palmer. Dupont argues that the Palmers were not occupying their house as a dwelling under Wis. ...

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01-1809 Boyd v. Wexler

“[P]retrial discovery revealed that in a recent eight-and-a- half-month period Wexler’s firm sent out 439,606 pieces of mail, which according to the deposition testimony of one of the firm’s lawyers consisted overwhelmingly of collection letters. That is an average of ...

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01-1361 Bennington v. Caterpillar, Inc.

“In cases where the age difference between the plaintiff and the individual treated more favorably is less than ten years, ‘the plaintiff still may present a triable claim if [he] directs the court to evidence that [his] employer considered [his] ...

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01-1104 Flores, et al. v. Raz

“Here, it is clear that everyone knew that Board approval was necessary. Indeed, the parties met with the executive director, who encouraged the sale. The facts and circumstances point to the parties’ intention that Board approval would be necessary to ...

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00-2414 Worth v. Tyer, et al.

“[T]he EEOC sent Worth a right-to-sue letter on October 21, 1996. Thus, defendants could have sought to dismiss Worth’s complaint at any time before October 21… However, it was defendants’ duty to bring any deficiency in Worth’s complaint to the ...

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00-3430 Ag Services of America, Inc. v. Krejchik, et al.

“We find persuasive the following language of the Colorado Court of Appeals: ‘In the intricate and complicated business of banking, absolute exactness and particularity in regard to names is absolutely indispensable, not only for the security of the bank, but ...

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00-1860 Bloedorn v. Francisco Foods, Inc.

“Given the nature of the unfair labor practices charged in this case and the evidence supporting the Director’s allegations, interim relief would serve the public interest. If, as the Director alleges, FFI deliberately displaced the Union by refusing to hire ...

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01-0090 Columbia Propane, L.P. v. Wisconsin Gas Co., et al.

“First, characterizing Columbia Propane’s claim against Wisconsin Gas as a claim to enforce a contract overlooks the underlying torts asserted, which are the primary claims that need to be tried. The asset purchase agreement is the source of Columbia Propane’s ...

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01-1515 Century 21-Olympia Inc. v. Chayer

Century 21-Olympia Inc. prevailed in a small claims action to recover a real estate commission from Jeffrey and Amy Chayer, and, pursuant to a contractual provision for reasonable attorney fees, the circuit court awarded Century 21 $6,000 in attorney fees. ...

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01-2041 U.S. v. Jones

“[T]here was ample evidence to support the jury’s finding of a single conspiracy. Jones does not dispute the fact that the government provided sufficient evidence to prove a conspiracy for the period ending in May 1999. In fact, in his ...

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01-1064 In re the Marriage of: Richmond v. Richmond

“Theoretically, years of efforts could lay the foundation for a later rapid appreciation of an asset. For example, a couple could plan and prepare to turn the farm into a subdivision. Later, the years of planning could come to fruition ...

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00-2998, 01-0093 State v. Champion

Kenneth Champion appeals from an order denying his Wis. Stat. sec. 974.06 (1999-2000) motion for postconviction relief. He also raises issues concerning appellate counsel’s performance on a prior direct appeal from the underlying criminal conviction. We affirm the trial court’s ...

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01-2628 Carter v. Litscher

“[Austin v. Mitchell, 200 F.3d 391 (6th Cir. 1999)] concluded that tolling occurs under sec.2244(d)(2) only if a prisoner includes in his state collateral attack at least one of the issues raised in the federal challenge. The court reasoned: ‘Otherwise, ...

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01-0843 State v. Lo

Following a trial and a direct appeal of his convictions for attempted first-degree intentional homicide and first-degree recklessly endangering safety, Anou Lo filed a postconviction motion seeking a new trial on numerous grounds. The circuit court denied the motion in ...

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00-2828, 00-2865 U.S. v. Felix-Felix

“We conclude that these circumstances were largely of Francisco’s own making and thus did not transform the nature of the police conduct. A Terry stop is, after all, a brief involuntary detention. One of the ways the police might ensure ...

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01-1887 Carla Severude v. American Family Mutual Ins. Co.

“The policy provides coverage for ‘bodily injury to one person in any one occurrence.’… The reasonable interpretation of the word occurrence is that it is refers to the event of injury. See Bankert v. Threshermen’s Mut. Ins. Co., 110 Wis. ...

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01-0857-CR State v. Sanders

James Sanders appeals a judgment sentencing him to 10 years in prison and 10 years’ extended supervision for second-degree sexual assault, and an order denying his postconviction motion. He argues that the State’s sentence recommendation violated the plea agreement, his ...

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01-1834 U.S. v. Lopez-Flores,

“All the courts to address the question have held that at least in the case of surreptitious reentry, as in this case, the ‘found in’ offense is first committed at the time of the reentry and continues to the time ...

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01-1135 State v. Parsons

Rosemarie Parsons appeals judgments convicting her of two counts of causing mental harm to a child, one count of recklessly causing bodily harm to a child, and one count of failing to prevent bodily harm. She also appeals an order ...

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