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Case Digests

00-507 Chickasaw Nation v. U.S.

The statute’s language is too strong to give the chapter 35 reference independent operative effect. The unambiguous language outside the parenthetical says without qualification that the subsection applies to “provisions … concerning the reporting and withholding of taxes”; and the ...

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00-3383 State v. Olson

“Here, the reasonable suspicion that Olson was involved in the burglary, the strong governmental interest in solving crimes, and the purposeful avoidance of the police by Olson make Bach’s traffic stop a reasonable one under the facts and circumstances of ...

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01-0900-CR State v. Pierce

Darryl Pierce appeals a judgment convicting him of attempted armed robbery and an order denying postconviction relief. He argues that he was denied effective assistance of counsel because defense counsel failed to impeach a key prosecution witness with inconsistent statements. ...

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00-1004 Robinson v. John Doe, et al.

“He isn’t challenging the arrest, or the seizure of evidence pursuant to it, but the (alleged) use of excessive force by the police in effecting the arrest. It might appear that because the defendants deny having used excessive force, the ...

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01-0139 Maxy v. Meyer

Childeric Maxy, pro se, appeals the circuit court’s order dismissing his small claims complaint against Julia Meyers for compensation and for return of personal belongings left at her home. For the reasons explained below, we affirm. This opinion will not ...

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01-1696-FT State v. Butz

Diane K. Butz appeals from the decision of the trial court finding that her refusal to submit to chemical testing was unreasonable. In this appeal, she challenges the credibility of the arresting officer and contends that if the finder of ...

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01-1908-FT City of Menomonie v. Herman

Jeno Herman appeals a judgment convicting him of operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration. He argues that the trial court erred by denying his motion to suppress because the arresting ...

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00-2708 Johnson v. ITT Industries, Inc.

“There is nothing unlawful about a leave policy that distinguishes between leave that is due to a court order and leave to enable an employee to engage in private business, including the filing of lawsuits. It would be one thing ...

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01-1763-CR State v. Baskin

Scott Baskin appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence based upon a lack of ...

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01-2410 Kinney v. Federal Security, Inc.

“We agree with Kinney that the district court’s judgment should be vacated and the case dismissed because the appeal is moot. See Barbour, 583 F.2d at 337. However, the mootness of the appeal and the vacatur of the district court’s ...

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01-1674-CR State v. Caldwell

Danny R. Caldwell appeals from an amended judgment of conviction imposing an added period of confinement as a condition of probation. Caldwell contends that the trial court’s modification of the judgment violated his due process rights as set out in ...

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00-1444 State v. Hart

Although there may be circumstances when, based on probable cause, an arrest is inevitable and therefore it is a mere formality whether arrest comes before or after the search, in this case no arrest was going to occur at the ...

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01-1349-CR State v. Hart

Daniel P. Hart appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Hart argues that the trial court erred when it refused to allow him to introduce as evidence the results of his ...

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00-3008 Kopke, et al. v. A. Hartrodt S.R.L., et al.

Cartiere Binda in Liquidazione S.p.A. (Binda), an Italian paper manufacturer, appeals a judgment dismissing its third-party complaint against its insurer, Riunione Adriatica Di Sicurta S.p.A. (RAS). Binda argues that the circuit court erroneously determined that it had no personal jurisdiction ...

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01-1607-FT Endl v. School District of Beloit

Kelly Endl appeals the trial court’s judgment dismissing her claim against the School District of Beloit. Endl argues: (1) that the School District breached its voluntary agreement to settle her federal discrimination claim; (2) that the School District violated the ...

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99-3328-CR State v. Oakley

“Even though the motion for reconsideration is denied, we find it appropriate now to withdraw the following language from the third sentence in paragraph 3, ‘-where one of the victims was his own child’, and the following language from the ...

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01-0296 State ex rel. Machotka v. Bartlett

Marsha Machotka appeals from an order denying her motion to establish a past child support obligation against William Bartlett. Bartlett argues that Machotka’s motion is barred by Wis. Stat. sec. 767.32 (1997-98) and claim preclusion. We agree that Machotka has ...

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00-2946 U.S. v. Gracia

“Although not applicable to the 1998 guidelines used in Gracia’s case, we note that as of Nov. 1, 2000, the Sentencing Commission amended the Statutory Index (Appendix A), specifying which guideline section applies to the statutory conviction. The Commission wrote: ...

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