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And, even assuming, arguendo, that trial counsel’s performance was deficient, that deficiency was not prejudicial and defendant was not, therefore, denied effective assistance of counsel. Judgments and order affirmed. Recommended for publication in the official reports. Dist IV, Vernon County, ...

“Davis’s pleadings in no way indicate that Duchossois was a party to their contract, and indeed specifically state that Duchossois’s own expected participation was not a condition precedent to the Davis/HP oral contract. In addition, the overwhelming deposition testimony establishes ...

“Thus, this language unambiguously articulates categories of custodians whose control over parolees and probationers constitutes actual custody, namely: an institution, peace officer or guard. None of the categories includes probation or parole agents. This has been the implicit understanding of ...

“[I]t is not unreasonable to assume that in 1998-99, five years after the decision in [Helling v. McKinney, 509 U.S. 25 (1993)], prison officials knew or should have known that even though Alvarado was housed with a non-smoking cellmate on ...

This is because plaintiff’s game satisfies all seven provisions of the exemption, including, for example, that no purchase be necessary, that all prizes are randomly awarded, and the sponsor does not misrepresent a participant’s chances of winning any prize. “The ...

“[T]he district court was correct to characterize the Pitts/Lawson complaint as merely a lingering effect of an earlier violation. … [T]he City took only one action for each parcel of land, and each action affected only one person: on particular ...

“The questioning occurred after 2:30 in the morning on the shoulder of a rural interstate highway. Williams was standing outside his vehicle, facing the flashing emergency lights. These are not the kind of circumstances in which a citizen would feel ...

“Olsen argues that Mid-State’s poor-performance rationale has no basis in fact because his personal sales performance improved before his termination. He points to his performance results for the month preceding the month of his termination in which he met over ...

Bruce Lamb appeals a judgment divorcing him from Tina Lamb after ten years of marriage. The issues are: (1) whether the trial court erred in including the value of a 1956 Chevrolet car in its computation of Bruce’s assets; (2) ...

“On June 15, 1998, in recognition of the Chicago Bulls’ sixth National Basketball Association (‘NBA’) championship, the headline of the front page of the Chicago Tribune read ‘The joy of six.’ As it has done on several other historic occasions, ...

Float-Rite Park Inc. appeals an order affirming the Village of Somerset’s modification of Float-Rite’s interim conditional use permit. Float-Rite argues that: (1) the Village changed Float-Rite’s interim conditional use permit into a conditional use permit, thereby removing the Village’s right ...

“While the statutes could possibly be read differently, we conclude that the Commission’s reading of Section 4106A and the Guidelines is a permissible construction. First, Section 4106A provides that the Commission is to deter mine a release date and terms ...

This appeal concerns the interpretation of a Sauk County Zoning Ordinance prohibiting mineral extraction activities on agricultural land absent a special exception permit. The Kraemer Company, LLC, owner of a quarry in Sauk County, complains that the Sauk County Board ...

“Does a state prisoner need a certificate of appealability when seeking federal collateral review of a prison disciplinary board’s decision revoking good-time credits? We gave a negative answer in Walker v. O’Brien, 216 F.3d 626 (7th Cir. 2000), holding among ...

This is an appeal of a small claims judgment awarding Marvin Tomlin compensation for damages to his motor vehicle that the trial court found were caused by the County’s negligent snowplow operation. The County contends that the trial court erred ...

“The policy on which the [Houston v. Lack, 487 U.S. 266 (1988)] Court relied – that is, that institutional constraints prevent prisoners from monitoring the delivery of a notice of appeal after it has been entrusted to the prison authorities ...

The State of Wisconsin appeals from a trial court order dismissing its action against Scott McGuire. McGuire is the licensee for the service of alcoholic beverages at the Sports Page Bar & Grill. The State cited both McGuire and his ...

“In the factual situation before us, the evidence of the wine-making activity of Bogan and Calhoun serves to complete and answer a conceptual void in the history of the crime. To the lay juror, most likely unfamiliar with the manufacturing ...

Lorenzo Balli appeals a judgment convicting him of attempted escape. The issue is whether there was a sufficient factual basis for the conviction. We conclude that there was. Accordingly, we affirm. This opinion will not be published. Dist IV, Columbia ...

“There is no indication that the district court believed that Higgins intended to actually deprive ONB of the full $420,000 he purported to be depositing, as opposed to merely impressing the bank with his importance and then using some smaller ...

“Here, Lane alleges that Niebler acted ‘maliciously’ and ‘[w]ith actual intent to … defraud Lane’ and that Niebler ‘exceeded the bounds of his professional obligation to Sharp and the Scarberrys and became an active participant in … fraudulent activities, acting ...

Duke Jawara appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). The precise nature of Jawara’s claim of error cannot be ascertained from his brief, but it appears that he is ...

“[I]t is clear that the conduct admitted by Garcia in his plea of guilty to Count I of the 1988 Information fits within the parameters of an ‘attempt’ to commit a ‘theft offense.’ The 1988 Information charged Garcia with the ...

“Here, the affidavit of Valentine Glytas establishes the uncontroverted fact that First Financial took the checks at issue in payment of Gittus’s outstanding credit card balances…. Glytas avers that First Financial had no reason to suspect there was any problem ...

Karla R. Merkes appeals a judgment of conviction for causing injury by operating a motor vehicle while under the influence of an intoxicant. She contends the trial court erred in concluding that the officer had probable cause to arrest her. ...

“The district court did not deny her responsibility based solely upon the fact that she told the probation officer that she had never done anything wrong. The district court instead declined to give Frykholm the bargain-rate sentencing discount because she ...

“At issue is whether Kramer’s damages must be reduced by the amount of financial benefit he received by securing new, more lucrative employment during the contract period. Kramer argues that the practical effect of this reduction, which ultimately resulted in ...

Gabriel Zitlow appeals his conviction for possession of marijuana as a party to the crime. He contends that the trial court erred by denying his motion to suppress evidence because the arresting officer lacked probable cause to conduct a warrantless ...

“Given the straightforward, unambiguous language of the current Wis. Stat. 102.46, the dependent death benefit provided in that statute may be claimed as of the date of death of the deceased employee whose death proximately resulted from the work injury. ...

Ollie Smith appeals from a judgment convicting him of possession of more than 100 grams of cocaine with intent to deliver, within 1,000 feet of a park, as a repeater. Smith argues that the police illegally expanded the scope of ...