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Case Digests

98-3400, 98-4218, 99-3797 U.S. v. McGiffen

“United States v. Embry, 128 F.3d 584 (7th Cir. 1997), clarified that a formal evidentiary hearing may not always be necessary, but Embry did not disturb Gurtunca’s requirement that a district court make appropriate findings of availability. To the contrary, it indicated the kind of findings that are necessary, such as whether requiring the contribution would impose an extreme hardship ...

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00-2002 Hedrich v. Board of Regents of the University of Wisconsin System

Accordingly, because there is no statutory limitation period for noncontested cases, we conclude that the six-month default limitation is appropriate and plaintiff’s petition challenging the committee’s Nov. 5th ruling, which was filed on April 7, 1998, was therefore timely. Reversed and remanded. Recommended for publication in the official reports. Dist II, Walworth County, Gibbs, J., Snyder, J. Attorneys: For Appellant: ...

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00-3438-CR, 00-3439-CR State v. Thompson

Michael Thompson appeals from a judgment of conviction entered after he pled guilty to one count of armed robbery, party to a crime. He also appeals from a judgment of conviction entered after he pled no contest to one count of robbery with threat of force, guilty to one count of operating a motor vehicle without the owner’s consent, and ...

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00-2514 Pertzsch v. Upper Oconomowoc Lake Association

“The Association’s original argument that this language created an exception only for attached or integrated boathouses is without merit, especially in light of paragraph four which explicitly requires garages to be attached to the home but makes no reference to a boathouse.” We further reject the Association’s argument that paragraph one is a “stand alone” provision that contains a standardless ...

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00-2396-CR, 00-2397-CR State v. Rones

Sherman B. Rones appeals from judgments entered after he pled guilty to three counts of first-degree sexual assault, while using a dangerous weapon, and seven counts of armed robbery, several while concealing identity. Rones also appeals from an order denying his postconviction motions. He claims that he should be allowed to withdraw his guilty pleas because: (1) he received ineffective ...

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00-2250 Kain v. Bluemound East Industrial Park

This is because: (1) plaintiff was the beneficiary of defendant’s warranty that the soils would support “a minimum of 3,000 pounds per square foot;” (2) the building constructed for plaintiff exerted less than 3,000 pounds per square foot; (3) the soil borings revealed loose layers of soil at depths between 13 and 21 feet; and (4) this soil was consolidating ...

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01-1020-FT City of Stevens Point v. Wirtz

Michael C. Wirtz appeals from a jury verdict finding him guilty under Wis. Stat. sec. 346.63(1)(a) for operating a motor vehicle while under the influence of an intoxicant. Wirtz contends on appeal that the trial court erred in refusing to grant his motion for a mistrial after the prosecutor for the City of Stevens Point (City) elicited testimony from the ...

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00-3258 Burg, by his Legal Guardian, Gladys M. Weichert v. Cincinnati Casualty Insurance Co.

“‘Operate,’ under Wis. Stat.sec. 350.01(9r), includes ‘the exercise of physical control over the speed or direction of a snowmobile.’ ‘Operate,’ therefore, necessarily encompasses a person’s actions in stopping a snowmobile and turning off its motor because, literally, such actions do ‘exercise physical control over the speed and direction’ of the snowmobile. The fact that such actions stop the snowmobile certainly ...

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01-0684-CR State v. Sekula

Joanne Sekula appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), and from an order denying her motion for an evidentiary hearing on whether her trial counsel was ineffective for failing to file a pretrial motion to suppress evidence based upon an illegal stop. We conclude that Sekula was not ...

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00-3176 State v. Hughes

This is so because, “the jury’s unanimous findings (confirmed when the trial court polled the jury) that Hughes possessed cocaine with the intent to deliver it, and that he also possessed that cocaine were not inconsistent. Additionally, Hughes does not explain beyond mere rhetoric how the jury’s unanimous findings that Hughes both possessed cocaine and that he possessed that cocaine ...

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01-0709-CR State v. Smaxwell

Michael A. Smaxwell appeals from a judgment of conviction for operating a motor vehicle while intoxicated, third offense. Smaxwell argues that there was neither consent nor exigent circumstances to justify the warrantless search of his garage prior to his arrest. He also argues that the warrantless blood draw without his consent was illegal. We disagree on both issues and affirm. ...

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00-3538 State v. Norton

“It was not known to the trial court at the time of sentencing in this case that Norton’s probation would be revoked; rather, the trial court was advised by Hubbard that probation was not going to be revoked. Thus, the trial court imposed a sentence in this case which was based on inaccurate information. “Moreover, the inaccurate information was directly ...

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00-2237 State ex rel. Eppenger v. Litscher, et al.

Tony Eppenger appeals an order affirming a prison disciplinary decision given him while an inmate at Waupun Correctional Institution. The dispositive issue is whether substantial evidence supports that decision. We conclude that there was insufficient evidence to find Eppenger guilty of a disciplinary offense, and therefore we reverse. This opinion will not be published. Dist IV, Dane County, Callaway, J., ...

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01-0875, 01-0876 Wysocki v. Town of Kronenwetter, et al.

The Wysockis appeal from the trial court’s judgments dismissing their small claims actions seeking damages against the Town of Kronenwetter and its individual board members. In their complaints, the Wysockis allege that when the Town widened Oak Road in 1997, part of their land was improperly taken and damaged during the construction process. Because the Wysockis had never filed a ...

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00-3431-CR State v. Scott

William R. Scott appeals from a judgment of conviction and sentence after he pled guilty to operating a vehicle without the owner’s consent. He also appeals from an order denying his postconviction motion to modify his sentence. Scott claims: (1) the trial court erred when it determined that the Criminal Penalties Study Committee’s proposal to reclassify the crime of operating ...

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00-2721 Biesterveld v. Roob

Mark Roob appeals from a default judgment in favor of Scott and Cindy Biesterveld. Roob is a professional photographer and photographed the Biestervelds’ wedding. Their complaint alleged that he breached a contract for the pictures, violated various provisions of Wisconsin’s consumer protection statutes, and used intentional misrepresentations to induce the contract. When he did not file a timely answer, the ...

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01-0752-CR State v. Chenal

Craig Chenal was involved in a break-in of an abandoned house owned by the estate of Morris White. The State appeals an order that Chenal owed no restitution as a result of his conviction for misdemeanor theft, party to a crime. The State sought restitution on behalf of Roxanne White, Morris’ niece. It claims that White is entitled to restitution ...

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00-3047 Heritage Mutual Insurance Company v. Janda

Richard and Colleen Janda appeal an order granting summary judgment to Heritage Mutual Insurance Company. The order precludes the Jandas from pursuing an uninsured motorist claim under their Heritage policy for personal injuries they sustained while riding their uninsured motorcycle. We conclude that under the language of the policy, a reasonable insured would not expect to have coverage for injuries ...

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01-0736-CR State v. Malkmus

Gary Malkmus appeals from an order denying his motion for postconviction relief. He also appeals from an order denying his motion for sentence credit. We affirm the orders of the trial court. This opinion will not be published. Dist II, Winnebago County, Hawley, J., Brown, J. Attorneys: For Appellant: Gary R. Malkmus, Green Bay For Respondent: John M. Daniels, Oshkosh

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00-2719 Hein, et al. v. Frieberg, et al.

Jerome and Judith Hein appeal from a judgment declaring that a homeowners insurance policy issued to Thomas Frieberg did not provide coverage for Jerome’s injuries resulting from an automobile accident allegedly caused by Frieberg’s minor daughter. They contend the trial court erred in determining that the coverage in the policy for “liability … assumed by contract” did not include Frieberg’s ...

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00-2009 IDS Life Insurance Company and American Express Financial Advisors, Inc. v. Royal Alliance Associates, Inc., et al.

“Pursuing the analogy to Rule 65(d) of the civil rules, we hold that the question for the district court and for us is not whether the arbitrators’ reasoning is incomplete in the sense that a syllogism would be incomplete if it lacked its major or its minor premise but whether the award itself, in the sense of judgment, order, bottom ...

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01-0194 Jones v. Secura Insurance

Harold Jones appeals an order declaring that Stacie Jones, his daughter, is not covered by an automobile insurance policy issued to Jones Transportation, his business. The issue is whether the trial court correctly concluded that the policy did not provide underinsured motorist coverage to Stacie, who was seriously injured in an accident. We affirm. This opinion will not be published. ...

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00-1851, 00-1932 Bowles v. Quantum Chemical Company

“Although the record does not reveal the exact number of Quantum employees covered by the severance plan, it is clear that others in addition to Dr. Bowles were covered. The covered employees had a one-year period in which they could make a demand for severance benefits, which required Quantum to budget for the possibility of making multiple payments throughout the ...

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01-1723 In Re the Termination of Parental Rights to Quianna M.M.: La Crosse County Department of Human Services v. Stacey A.M.

This is an appeal from an order terminating Stacey A.M.’s parental rights to Quianna M.M. The issue is one of statutory interpretation: whether Wis. Stat. sec. 48.415(9) (1999-2000), which establishes “Parenthood as a result of sexual assault” as a ground for involuntary termination of parental rights, applies to a mother whose child was conceived as a result of intercourse with ...

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00-3117 EEOC v. North Gibson School Corporation

“Notably, the same courts that have confirmed the right of the EEOC to seek broad injunctive relief explicitly have disallowed an award of back pay to the individuals who could not have sought that relief themselves. … In the present case, the retirement benefits the EEOC seeks to obtain through injunctive relief for Anthis and Schleter serve the same function ...

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01-1438-NM, 01-1439-NM In Re the Termination of Parental Rights to Maryah Monika M., Dante Jovan M.: Brown County Department of Health and Human Services, et al. v. Antonio M., et al.

Tisa C. appeals orders terminating her parental rights to her two children and orders denying her post-termination motions. Tisa challenges the sufficiency of the evidence supporting the jury’s finding beyond a reasonable doubt of the likelihood of serious emotional or physical damage to her children if they were in her care, as required by the Indian Child Welfare Act, 25 ...

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00-2703, 01-1685 Wsol, et al. v. Fiduciary Management Associates, Inc., et al.

“[T]he district judge found as a fact that what the fund got for its 6 cents per share was as good as what it could have bought in a market free of kickbacks and undue influence and that her finding is not clearly erroneous on the record compiled at trial, even as supplemented by the additional evidence that the plaintiffs ...

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01-0196 Curran v. Langlade County Board of Adjustment

The Langlade County Board of Adjustment appeals from a circuit court judgment reversing its decision relating to property owned by Patrick and Betty Curran. The issue is whether the board correctly determined that the Currans were required to apply for a zoning variance. We reverse the circuit court and, therefore, affirm the board’s decision. This opinion will not be published. ...

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00-1523, 00-2679 U.S. v. Bhutani

“While the plain language of the FDCA clearly prohibited the failure to establish or maintain records, criminal penalties were not clearly imposed. Nevertheless, we agree with the reasoning found in the former set of cases rather than the latter because strictly reading and applying the FDCA as it was at the time of the offense in question would put the ...

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01-1054-CR State v. Arnold

The State appeals an order suppressing incriminating statements that David Arnold made to police. The State argues that (1) Arnold was not in custody when he made the statements, and (2) Arnold’s statements were voluntary because the police used no coercive or improper tactics to induce him to make the statements. We agree that Arnold was not in custody and ...

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