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Case Digests

00-4145 Delany v. DeTella, et al.

“Here, both in duration and severity, the nature of Delaney’s alleged deprivation was significant and serious, and apparently no alternatives were made available to mitigate the effects of the deprivation. We recently noted that segregation is akin to solitary confinement ...

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00-0003 Reid v. Benz

“In Elliott [v. Donahue, 169 Wis.2d 310 (1992)] we clearly stated that the proper procedure for an insurance company to follow when coverage is disputed is to request a bifurcated trial on the issues of coverage and liability and move ...

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98-2162 Green v. Smith & Nephew, AHP

“In Vincer v. Esther Williams All-Aluminum Swimming Pool Co., 69 Wis.2d 326(1975), this court adopted Comment g to sec. 402A, which provides that a product is defective ‘where the product is, at the time it leaves the seller’s hands, in ...

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99-0380 Koffman v. Leichtfuss

“The plaintiff contends that he is nonetheless entitled to seek the reasonable value of medical services rendered. He maintains that the collateral source rule renders irrelevant any payments made by his insurers. The defendants seek to limit the medical expenses ...

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99-0743 State v. Franklin

“We find nothing in Hansford to support the conclusion that the difference between a six-person jury trial and a twelve-person jury trial is so fundamental that a six-person jury trial, which was conducted without objection under the express authority of ...

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00-4064 U.S. v. Gochis

“In this case, there is no indication that Gochis has suffered any prejudice as a result of the magistrate judge’s failure to admonish him about his right to a trial before a district judge. His primary concern was to have ...

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00-1718 State v. Leitner

“The trial court properly denied the motion because it was not supported by a preponderance of evidence showing that Leitner actually had an alibi witness which he had previously chosen to conceal. At the hearing on his motion to withdraw ...

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99-2704 State v. Lindell

“Because our decision to affirm Lindell’s conviction is at odds with State v. Ramos, 211 Wis.2d 12, 564 N.W.2d 328 (1997), which would have required an automatic reversal in any situation where the defendant used a peremptory strike to remove ...

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00-3835 U.S. v. Hemmings

“While Hemmings seeks relief under 18 U.S.C. sec. 3162(a) (1), it is clear from the plain language of the statute that his claim must fail. Section 3162(a)(1) provides: ‘If, in the case of any individual against whom a complaint is ...

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99-3328 State v. Oakley

“The effects of the nonpayment of child support on our children are particularly troubling. In addition to engendering long-term consequences such as poor health, behavioral problems, delinquency and low educational attainment, inadequate child support is a direct contributor to childhood ...

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01-1159 Piaskowski v. Bett

“The State’s meager circumstantial evidence against Piaskowski is also innocuous. The fact that Piaskowski was present in coop 9 prior to the beating and entered coop 7 after the beating, 2 or 3 minutes after Kutska and Moore, proves little ...

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99-3040 State ex rel. Kaminski v. Schwarz

“We cannot agree that the legislature intended to prohibit notification of potentially vulnerable persons; nothing in the language of the statutes or in the legislative history supports such a conclusion. Such a conclusion would invalidate the notice in rule 16-3 ...

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00-1730 Salbashian v. Matzke, et al.

Victor Salbashian appeals from the trial court’s decision granting summary judgment, thereby dismissing his claims for negligent construction against Opportunity Homes Inc. (OHI) and Wausau Homes Inc. (Wausau). On appeal, Salbashian argues that the trial court erred by applying the ...

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00-0330 Landis v. Physicians Ins. Co.

Plaintiff’s husband had septuple coronary bypass surgery on March 17, 1994; he died two weeks later. In February 1999, plaintiff learned from media reports that the death may have been caused by the doctor’s negligence. On March 8, 1999, plaintiff ...

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00-2048-CR State v. Robinson

Alphonso L. Robinson appeals from a judgment of conviction and an order denying postconviction relief. The issues on appeal are: whether the prosecutor engaged in improper cross-examination and improper closing argument, whether the trial court erred in giving the jury ...

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99-4337 Bruce v. U.S.

“Despite the specific allegations by Barton, Thompson, and Mr. Bruce, defense counsel claims in his affidavit that he has no specific recollection of Mr. Bruce’s having asked that alibi witnesses be called and has only a general recollection of a ...

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99-1066 State v. Kelley

“[B]ecause the issue seems to be of statewide importance, we take the unusual step of remanding the matter to the circuit court where the parties can further develop the facts and legal analysis. Although case law seems to protect uplands ...

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00-2056-CR State v. Bielefeldt

Michael J. Bielefeldt appeals from a judgment of conviction of second-degree sexual assault, false imprisonment and battery. He also appeals from an order denying his postconviction motion. Bielefeldt argues that he should have been allowed to withdraw his guilty plea ...

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00-3111 U.S. v. Childs

“The defendant’s criminal record (even, as here, of very recent vintage) is an aspect of his status, which is unalterable, whether he is committing a crime at the time his vehicle is stopped or not. Whether he possessed drugs three ...

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00-2496-CR State v. Garth

Devaldis Garth appeals a judgment convicting him on one felony and two misdemeanor counts. The issue is whether the trial court properly denied his motion to suppress the evidence used to prosecute him. We affirm. This opinion will not be ...

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01-1003 U.S. v. Peterson

“The district court in this case structured its upward departure from the PSR’s suggested offense level of 11 to an offense level of 13 by increasing one offense level for Peterson’s first three criminal history points in excess of the ...

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