Although plaintiffs contend that the exclusion is prohibited by Wis. Stat. sec. 631.43(1) because both Eric’s van policy and his father’s truck policy improperly agreed to indemnify Eric against the same loss, we reject that contention. “It is true that ...
Read More »01-0183-CR State v. Wakershauser
Neil Wakershauser appeals a judgment of conviction and sentence for operating a motor vehicle while intoxicated (OWI) as a fourth offense. On appeal, he originally challenged the validity of both his second and third prior convictions, claiming that he did ...
Read More »00-1947 Stephenson v. Universal Metrics, et al.
Accordingly, we reverse the trial court’s grant of summary judgment dismissing the claims against the company in connection with Kreuser’s failure to drive the employee home. However, we affirm the dismissal of plaintiff’s claims against the company based on respondeat ...
Read More »01-0060-CR State v. Kozlowski
Timothy T. Kozlowski appeals from a judgment of conviction entered after a jury found him guilty of operating a motor vehicle while under the influence of an intoxicant or other drug, as a third offense. Kozlowski claims that the trial ...
Read More »00-2851 State v. Jackowski
Accordingly, the police officers’ subsequent discovery and seizure of illegal firearms was not “fruit of the poisonous tree,” and there was no Fourth Amendment violation. “In summary, we conclude that the issuance of the special inspection warrant authorizing a city ...
Read More »00-2361-CR State v. Reinhardt
Steven J. Reinhardt appeals from a judgment convicting him of one count of theft by contractor, and three counts of unfair home improvement trade practices. Reinhardt also appeals from the order denying his postconviction motions for plea withdrawal and sentence ...
Read More »00-2919 Kerry Inc. v. Econo Equipment Inc.
Econo Equipment, Inc. appeals the portion of the circuit court’s order refusing to award attorney’s fees incurred in defending against Kerry, Inc.’s claims. Econo argues that a contract provision allowing it to recover attorney’s fees incurred “in the enforcement and ...
Read More »99-2948-CR State v. Tate
Gary Tate appeals from a judgment of conviction of repeated sexual assault of the same child, and from an order denying his motion for postconviction relief. In addition to challenging the constitutionality of sec. 948.025 as applied, Tate argues that ...
Read More »00-3021, 00-2972 Minnesota Mining & Manufacturing Company v. Pribyl, et al.
“There is no doubt that within the 500- plus pages of manuals at issue, there are a host of materials which would fall within the public domain. … Yet, when all the cleaning procedures, temperature settings, safety protocols, and equipment ...
Read More »00-2097 In Re the Marriage of Voice v. Johnson
Terry Voice appeals the judgment divorcing him from Mary Ellen Johnson. He challenges the trial court’s determination on several economic issues. With the exception of a remand to correct a clerical error, we affirm. This opinion will not be published. ...
Read More »00-3197-CR State v. Cantwell
Brian W. Cantwell appeals from a judgment convicting him of theft, and from an order denying postconviction relief. His original judgment of conviction contained a sentencing provision the trial court subsequently clarified. The issue is whether the clarification actually increased ...
Read More »00-4169 Pugh v. City of Attica
“Pugh fails to show that the City’s proffered reason for his discharge is unworthy of credence. It is insufficient for Mr. Pugh simply to assert that he did not misappropriate funds and that the City’s belief was mistaken without offering ...
Read More »01-0287-FT In Re the Marriage of: Camden v. Camden
Jerry Alan and Virginia Camden were divorced after 19 years of marriage. On appeal, Virginia challenges the property division and maintenance award. We affirm the trial court’s property division, but reverse the maintenance award and remand for further proceedings consistent ...
Read More »00-2813 Winfrey v. City of Chicago
“Winfrey also indicated a desire to occupy the position of dispatcher, and – because he was never given a chance to explore this position – he claims the City failed to engage in good faith in an interactive process designed ...
Read More »00-1310 In Re the Marriage of: Glunz v. Sokol
Laura A. Sokol appeals from the judgment of divorce entered following divorce proceedings between her and Michael J. Glunz. Sokol challenges two property division rulings of the trial court. First, she claims that the trial court erroneously exercised its discretion ...
Read More »00-4271 Horwitz v. Board of Education of Avoca School District No. 37
“There is no concrete evidence in the record substantiating Horwitz’s allegations that younger teachers were treated more favorably than older teachers. By way of example, the school has provided data showing that between the 1992 to 2000 school years, over ...
Read More »00-2398 In Re the Marriage of Becvar v. Becvar
In this postdivorce judgment proceeding, Paula Becvar appeals an order denying her motion to move with her children to Minnesota. She claims that the court relied on inappropriate factors and that the children’s father, Charles Becvar, failed to demonstrate that ...
Read More »00-3325 Shanoff v. Illinois Department of Human Services
“[W]e conclude that Shanoff was subjected to six rather severe instances of harassment during the four months that he was working at the Madden Center during the limitations period (and one more instance of harassment while he was on leave). ...
Read More »00-1208 Roberts v. Wolf, et al.
Tecwyn Roberts, Sara H. Roberts and Elizabeth M. Halkerston (collectively, the Robertses) sued John J. Wolf and Linda Wolf alleging intentional trespass to land, injury to real property, unlawful cutting of timber and interference with or declaration of interest in ...
Read More »00-2944 U.S. v. Schaffner
“The photograph at issue in this case actually traveled across state lines. As in Bell, where the movement of a weapon across state lines satisfied the commerce element of the statute, the interstate movement of the photograph provides a sufficient ...
Read More »00-2749, 00-2750 In the Interest of Jennifer L.W., David R.W.: State v. Stacey R.W.
Stacey R.W. appeals from a dispositional order finding that his two children are in need of protection and services. It is undisputed that at the plea hearing where Stacey admitted the allegations contained in the petitions, he trial court neglected ...
Read More »00-1513 U.S. v. Green
“In United States v. West, 670 F.2d 675, 687 (7th Cir. 1982), we interpreted Rule 801(d) (1)(B)’s requirement of cross-examination to mean that the out-of-court statement must be elicited through the declarant, and not through a third party to whom ...
Read More »01-0839 In the Interest of David K. Jr.: State v. Latrice H., et al.
David K. Jr., by his guardian ad litem, appeals from the trial court order extending his CHIPS dispositional order “for one (1) year until March 30, 2001.” The guardian ad litem challenges the trial court’s decision, following a contested hearing, ...
Read More »01-2591 Dahler v. U.S.
“This distinction between challenges to events that are novel to the resentencing (and will be treated as initial collateral attacks) and events that predated the resentencing (and will be treated as successive collateral attacks) has been adopted by every other ...
Read More »00-2650-CR State v. Novak
Timothy Novak appeals a set of judgments convicting him of one count of being party to the crime of arson, two counts of insurance fraud, and one count of false swearing, and also appeals an order denying his motion for ...
Read More »00-3569 U.S. v. Manjarrez
“[T]he ostrich instruction itself made it clear that a defendant does not act ‘knowingly’ when he acts through ‘ignorance, mistake, or accident,’ or where ‘he was merely negligent in not discovering the truth.’ This alone might well obviate any need ...
Read More »00-0628 State v. Schultz
Joseph Schultz appeals a judgment declaring his bar a nuisance. He also appeals an order of abatement enjoining him from operating the bar. Schultz argues that: (1) he was denied actual notice of the conduct upon which the judgment was ...
Read More »00-2948-CR State v. Headrick
Timothy Headrick appeals a judgment convicting him of armed robbery. He argues that the trial court should have suppressed his confession because it was involuntary and it was given after he invoked his right to counsel. We reject these arguments ...
Read More »00-3971, 00-4066, 00-4221 U.S. v. Krilich
“Almost everyone is ‘unusual’ in some respect, and many septuagenarians have conditions similar to Krilich’s. Yet sec.5H1.1 and sec.5H1.4 put normal age-related features off limits as grounds for reduced sentences. Older criminals do not receive sentencing discounts. Many persons in ...
Read More »00-2643 Zinter by Guardian Ad Litem Lyons v. Oswskey, et al.
John Zinter Jr., a minor, appeals a summary judgment in favor of Darlene Oswskey, Robert Oswskey and American States Insurance Company (collectively, the Oswskeys). Zinter severed the tip of his finger while a guest at the Oswskey home. Zinter sued ...
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