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Case Digests

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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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01-1733 Ashley v. U.S.

"The district court dismissed Ashley's petition as untimely without reaching a conclusion about whether Apprendi applies retroactively to collateral attacks. We therefore issue a certificate of appealability, for given Apprendi the underlying constitutional claim must be deemed 'substantial' for purposes of 28 U.S.C. sec.2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 483-85 (2000). We remand ... Subscribe Login Digital and ...

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00-2874-CR State v. Cucuta

Manuel Cucuta appeals from a judgment entered after a jury convicted him of two counts of first-degree intentional homicide, party to a crime, and one count of use of a dangerous weapon. Cucuta also appeals from the trial court's order denying his motion for postconviction relief. Cucuta argues that the trial court erred in denying ... Subscribe Login Digital and ...

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01-2006 Ruth v. U.S.

"Ruth asserted in his Rule 33 motion that his new evidence of Countryside Fragrances's legitimate and independent existence supported his claim of innocence. He did not argue that the government violated Brady by failing to disclose this information, nor did he assert that the existence of this information rendered his sentence excessive or called into ... Subscribe Login Digital and ...

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00-2897-CR State v. Spiller

Jerjuan D. Spiller appeals from a judgment of conviction and an order denying postconviction relief after a jury found him guilty of: two counts of kidnapping, two counts of first-degree sexual assault, two counts of armed robbery, and exposing a sex organ, all as party to a crime. Spiller claims that: (1) the trial court ... Subscribe Login Digital and ...

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00-2977 Estate of John D. Riley v. Ford Motor Company

"First, sending a fax to the consumer's attorney is not the equivalent of a timely delivery of a refund check to the consumer. Second, delivery of a refund check to a dealership's sales manager is not the equivalent of a timely delivery of a refund check to the consumer."The law requires that the manufacturer provide ... Subscribe Login Digital and ...

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00-3288-CR State v. Bintz

David Bintz appeals a judgment of conviction for first-degree murder, party to a crime, and an order denying postconviction relief. Bintz argues that (1) the trial court erred by admitting "sleep talk" evidence; (2) the court erred by refusing to admit proffered expert testimony at the Miranda-Goodchild hearing; and (3) the evidence presented at trial ... Subscribe Login Digital and ...

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00-2751 Kucharski v. Kucharski, et al.

Robert Kucharski appeals from a judgment denying his action for partition of two lots. Robert argues that he has an equitable one-fourth interest in the lots by virtue of a previous settlement agreement, a letter and an unrecorded deed to a nearby lot. He also argues that even if the trial court properly refused to ... Subscribe Login Digital and ...

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00-3492 State ex rel. Harland Richards v. Smith

Harlan Richards appeals from an order affirming a parole commission decision to deny him discretionary parole. Jerry Smith, chairperson of the board, made the decision on its behalf. Richards contends that Smith did not follow the law, made an arbitrary and capricious decision unsupported by facts of record, and violated his constitutional protections. We disagree ... Subscribe Login Digital and ...

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99-2828 Sensenbrenner v. St. Paul Insurance Company, et al.

St. Paul Insurance Company (St. Paul) appeals an order granting a new trial to David Sensenbrenner on his personal injury claim. The trial court granted Sensenbrenner's motion "in the interest of justice" under Wis. Stat. sec. 805.15(1) (1999-2000). St. Paul claims the court erred by overriding the jury's credibility determinations, and that its decision was ... Subscribe Login Digital and ...

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00-1203 Clay, et al. v. Johnson, et al.

"The district court believed that the position the Board announced in its proposed version of Comment 18(g)-4 was patently inconsistent with the position the Board announced in the adopted version of Comment 18(g)-4. The court noted that the Board initially indicated in its proposed comment that the '30 days from' language was not sufficient to ... Subscribe Login Digital and ...

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01-0007 Gray v. Eggert, et al.

"Under Wis. Stat. sec. 802.12(2), a trial court has authority to order parties in civil litigation to attempt mediation or other settlement processes to resolve a case. ... Nowhere, however, does sec. 802.12 provide a court the authority to require resolution. Moreover, while the mediation process will often depend on the parties' good faith and ... Subscribe Login Digital and ...

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00-3063 Painter v. Whitnall, et al.

William Whitnall appeals from a judgment entered against him in this legal malpractice action. He challenges on appeal the judgment awarding damages to the respondent, Linda Painter. We affirm the judgment of the circuit court. This opinion will not be published.Dist II, Racine County, Torhorst, J., Per CuriamAttorneys:For Appellant: William D. Whitnall, RacineFor Respondent: Chad ... Subscribe Login Digital and ...

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00-2435 Cherry v. University of Wisconsin System Board of Regents

"Congress has unambiguously conditioned the States' receipt of Title IX funds on their waiver of Eleventh Amendment immunity from private causes of action. Although Title IX does not expressly provide for a private right of action, the Supreme Court has recognized since 1979 an implied private right of action under the statute. Cannon, 441 U.S. ... Subscribe Login Digital and ...

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99-2944, 00-1304 City of West Allis v. Wisconsin Electric Power Co.

"Unlike Mose [v. Tedco Equities-Potter Road Ltd. Partnership, 228 Wis.2d 848 (Ct. App. 1999)], neither G&L nor K&T knew that the land was going to be contaminated and neither party negotiated a compromised purchase price as a result. Thus, we find that the economic loss doctrine neither bars G&L's claims nor precludes G&L from collecting ... Subscribe Login Digital and ...

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00-0124 Wilson, et al. v. Wisconsin Patients Compensation Fund, et al.

Wisconsin Patients Compensation Fund, Boscobel Area Health Care (BAHC), and Wisconsin Hospital Association Liability Insurance Plan appeal from a judgment on a hospital malpractice claim. The plaintiff, Elizabeth Wilson, recovered damages for injuries suffered while she was a BAHC patient, after the trial court granted judgment on the jury's verdict. The issues are whether the ... Subscribe Login Digital and ...

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00-1109 Matz v. Household International Tax Reduction Investment Plan

"We do not consider a position in an amicus brief to be more deserving of Chevron deference than a tariff classification ruling. Upon reading Mead, we find that a litigation position in an amicus brief, perhaps just as agency interpretations of statutes contained in formats such as opinion letters, policy statements, agency manuals, and enforcement ... Subscribe Login Digital and ...

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01-0017 Heritage Mutual Insurance Co. v. Wilber and another

"[W]e conclude that even though the Heritage policy is a general liability policy, Wis. Stat. sec. 632.32(6)(a) applies. While not required by law to offer automobile liability coverage, Heritage did provide coverage with the endorsement for non-owned auto liability. The policy covered Wilber's Truck World's liability resulting from an accident caused by a non-owned motor ... Subscribe Login Digital and ...

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00-2889 Spangberg v. Talis, et al.

Chris Spangberg appeals a summary judgment dismissing his legal malpractice action against attorney John Talis, his insurer and his law firm. Spangberg's complaint alleged that Talis negligently allowed the statute of limitations to expire on two claims Spangberg wanted to commence against his employer, Community Health Care, Inc. The trial court correctly concluded that Spangberg ... Subscribe Login Digital and ...

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00-1191 Beslic v. INS

"In an attempt to show that he has raised a substantial constitutional claim, Beslic argues that the language of 8 U.S.C. sec. 1182, which provides that aliens are inadmissible if they are attempting to enter the United States to 'evade any law prohibiting the export of goods, technology, or sensitive information,' is unconstitutionally vague. Although ... Subscribe Login Digital and ...

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00-3053 State v. Crockett

We further conclude that defendant's request for resentencing because his sentence was unduly harsh has already been adjudicated and there are no new factors which would justify modifying defendant's sentence."Although there may be situations... in which it is appropriate not to apply the waiver doctrine to a defendant when the State failed to assert it ... Subscribe Login Digital and ...

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00-2870-CR State v. Lisney

Douglas Lisney appeals from a judgment convicting him of disorderly conduct while using a dangerous weapon, and from a subsequent order denying his motion for postconviction relief. Lisney argues that he is entitled to a new trial because he was denied his right to a fair trial and because he received ineffective assistance of counsel. ... Subscribe Login Digital and ...

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00-2411 Jutzi-Johnson v. U.S.

"[W]e should consider whether there was any causal relation between that negligence and the suicide. We think not. Johnson did not commit suicide because he had sores on his body. As nearly as can be reconstructed from the evidence, he committed suicide because he was upset about being in jail, separated from his family (including ... Subscribe Login Digital and ...

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00-3440 State v. Matthews

"In Lac Courte Oreilles Band v. Voigt, 700 F.2d 341 (7th Cir. 1983) (LCO I), the court of appeals recognized that the Chippewa have usufructuary rights and remanded the case to the district court for determination of several issues, including the permissible scope of state regulation over the Indians' exercise of their rights. ... In ... Subscribe Login Digital and ...

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