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Case Digests

00-3138 Buzdygan v. INS

“Section 3.43 of Title 8 of the Code of Federal Regulations explains that an alien’s motion to reopen proceedings pursuant to NACARA must establish that the individual meets four specific requirements. While Buzdygan meets three of these four requirements, we find that he cannot establish that he ‘was or would be’ rendered ineligible to be granted suspension of deportation because ...

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01-0773 In the Matter of the Mental Commitment of Joanie M.H.: State v. Joanie M.H.

Joanie M.H. appeals from an order entered by the trial court finding her to be mentally ill, dangerous and a proper subject for treatment, and involuntarily committing her to six months of treatment in the Milwaukee Mental Health Complex under the care of the Milwaukee County Department of Human Services. On appeal, Joanie M.H. argues that: (1) a commitment was ...

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00-3705 Kenseth v. Commissioner of Internal Revenue

“He concedes as he must that had he paid the law firm on an hourly basis, the fee would have been an expense. It would have been a deduction from, not a reduction of, his gross income, as held in the Alexander case. We cannot see what difference it makes that the expense happened to be contingent rather than fixed. ...

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00-0973 State ex rel. Ward, et al. v. Town of Nashville, et al.

Thomas R. Ward and the Wisconsin Resources Protection Council (collectively, Ward) appeal from a summary judgment in favor of Nicolet Minerals Company and from an order denying their postjudgment motion seeking (1) relief from the summary judgment; and (2) supplemental relief based on a declaratory judgment against the Town of Nashville. First, we conclude that the summary judgment was a ...

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98-3736 Jackson v. Miller

“The transcript of Jackson’s March 27, 1975 sentencing hearing reflects that sentence was actually imposed at that time. At that initial hearing, the Judge stated, ‘[t]he Court … now sentences both defendants to not less than one (1) nor more than ten (10) years.’… The judge also told Jackson and his brother, ‘I have imposed sentence for both of you ...

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00-3435 Reusch, et al. v. Roob

Mark W. Roob appeals from the trial court judgment awarding Duane P. Reusch, Laura K. Reusch, Karen M. Newton and Roger A. Newton (collectively, “the Reusches”) $38,368.16 for damages and costs, including attorney fees. Roob argues that the trial court exceeded the scope of this court’s remand order in Reusch v. Roob, 2000 WI App 76, 234 Wis.2d 270, 610 ...

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00-3086 U.S. v. Anderson

“Mr. Anderson was an assistant branch manager at TCF, not an ordinary bank teller. In that position, Mr. Anderson had access to any account in the bank system. As a result, he had access to or authority over valuable things, an indicator that we previously have found to be a hallmark of a position of trust. See Hernandez, 231 F.3d ...

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00-1189 U.S. v. Atkinson

“The government expressly informed the court of its pending sec. 5K1.1 motion. The government had also informed Judge Barker of the nature and extent of Atkinson’s cooperation at the two previous sentencing hearings. Based on the terms of the plea agreement, Atkinson was aware that the government intended to argue for a sentence of 35 years. The recommendation of a ...

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00-3104 Decker v. Dairyland Greyhound Park Inc., et al.

Richard, Charles and Allen Decker appeal from a judgment dismissing their action against Dairyland Greyhound Park, Inc., for specific performance of a stockholders’ agreement with respect to the seating of directors selected by the Deckers in 1994 and 1995 and the exercise of preemptive rights for additional stock issued in 1995. We conclude that the circuit court properly exercised its ...

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00-2547 State ex rel. Schilling v. Goodrich, et al.

Ronald Schilling appeals from an order denying his motion to have certain Department of Corrections (DOC) officials found in contempt of court for failing to comply with a prior order of the court. We affirm the order. This opinion will not be published. Dist IV, Dane County, Flanagan, J., Per Curiam Attorneys: For Appellant: Ronald S. Schilling, Black River Falls ...

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00-3980 Billings v. Madison Metropolitan School District

“Although the effect on the student from this relatively minor and transitory discrimination might well have been minimal, especially when compared with the situations in more pervasive and enduring educational discrimination, our faithfulness to constitutional principles does not permit us to overlook it or to declare it a de minimis matter. “In requiring that African-American and Hispanic students sit in ...

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01-1236 U.S. v. Matchopatow

“All the government promised to do in this case was to make a sentencing recommendation. The plea required the government to ‘recommend a 5-level upward departure. …’ The government fulfilled its promise, and the sentencing court disagreed with that recommendation. Matchopatow insists that the government broke the spirit of this promise when it stated that it ‘will support [the district ...

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01-0166 Amundson v. Village of Fairchild

Jason Amundson appeals a judgment dismissing his breach of contract and wrongful termination claims against the Village of Fairchild. Amundson commenced the action after the village board terminated his employment as the Village Police Chief without giving notice or reason. The issue is whether the termination violated Amundson’s employment contract and his claimed right to a due process hearing under ...

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00-2608-CR State v. Splitt

Roger H. Splitt appeals from the judgment of conviction entered against him, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel, that his right to a fair trial was violated by certain remarks made by the State during closing arguments, that Wis. Stat. sec. 948.025 (1999-2000) is ...

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00-3011 Indiana Civil Liberties Union, et al. v. O'Bannon

“Nothing in the context of the monument itself or the surrounding grounds mitigates the religious message conveyed. The monument is a display distinct both in its placement by other statues and monuments and in its content. See generally County of Allegheny v. ACLU, 492 U.S. 573, 598 n.48 (1988). There are no other monuments or statues directly near this one ...

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00-3162 Heritage Credit Union v. Office of Credit Unions

“We conclude the plain language of 12 U.S.C. sec. 1771(a)(4) addresses the impact of conversion on a credit union’s ownership of its assets and its responsibility for its obligations, but does not address whether a former federal credit union may continue to operate in one state when it has chosen to be chartered under the laws of another state. The ...

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01-0940-FT In re the Marriage of: Purdy v. Purdy

Traci Purdy appeals from the judgment divorcing her from Brian Purdy. The issues pertain to the trial court’s division of the marital assets. While we may not have reached the same conclusions as the trial court were we reviewing its decision de novo, our standard of review requires that we affirm in part and reverse in part. This opinion will ...

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01-0423-CR State v. Baer

The State of Wisconsin appeals from an order suppressing all the evidence gathered after an investigative traffic stop following an anonymous cell phone call and dismissing the complaint against Deann K. Baer. We reverse the judgment of acquittal and the order of the trial court because we conclude that, under the tip provided, reasonable suspicion required an investigative stop. This ...

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00-1478 Massey v. Helman

“Mr. Massey submits that there are no administrative remedies available to him because FCC Pekin’s grievance procedure cannot provide him with money damages, which is the only form of relief he seeks. The Supreme Court’s recent decision in Booth forecloses this argument. The Supreme Court held in Booth that, so long as the relevant administrative process has the authority to ...

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00-1564 Doe v. General Motors Acceptance Corp.

This is so because there was no intent expressed in the lease to create a security agreement and a contrary conclusion would derogate from the common-law principle that a security deposit creates only a debt. “Because we conclude that Wis. Stat. sec. 429.207 does not apply to the security deposit in Doe’s lease with GMAC, it is unnecessary for us ...

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00-2325 In Re the Marriage of: Sauey v. Sauey

Edwin C. Sauey (Ed) appeals from the maintenance component of his judgment of divorce from Beverly A. Sauey (Ann). Ann cross-appeals from the property division. We affirm both aspects of the judgment for the reasons discussed below. This opinion will not be published. Dist IV, Sauk County, Wolfe, J., Per Curiam Attorneys: For Appellant: Michael S. Heffernan, Madison For Respondent: ...

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01-0237-CR State v. Cutsforth

Dean Cutsforth appeals a judgment convicting him of operating while intoxicated, second offense. He also appeals an order denying postconviction relief. He contends that his warrantless arrest violated his Fourth Amendment rights, requiring the suppression of all evidence taken incident to the unlawful arrest. He contends that no exigent circumstances allowed the police to enter his home to arrest him. ...

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00-4200 Michael v. St. Joseph County

“[T]he district court reached the right outcome regarding Michael’s First Amendment claim because Michael failed to set forth evidence that he engaged in protected speech. Indeed, there is no evidence in the record definitively establishing what he said to Linn. … [W]e are similarly in the dark regarding the context of his speech. Was his criticism part of his job ...

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00-2692 Alexander v. City of Madison

“Increasing the property tax base, providing employment opportunities, and attracting tourists are all legitimate public purposes, and the City may constitutionally appropriate funds to accomplish these goals. [Citation] Here, Alexander has the burden to demonstrate that it is ‘clear and palpable’ that no public purpose may be derived from these ordinances. … However, he offers no support for his assertion ...

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00-3203 In Re the Marriage of: Eugster v. Eugster

Thomas Eugster appeals from the trial court’s order allowing Dawn Breedlove, his former wife, to move to Antigo, Wis., with their daughter, Michaela. Eugster argues that Breedlove’s motion for permission to move with Michaela to Antigo should have been dismissed because Breedlove failed to comply with Wis. Stat. sec. 767.327(1) (1999-2000). He also argues that the trial court erroneously exercised ...

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00-2910-CR State v. Mitchell

Kevin Mitchell appeals a judgment convicting him of failing to report to jail, and an order denying postconviction relief. Mitchell entered a guilty plea to the charge, and then moved to withdraw his plea before sentencing. The trial court denied the motion, sentenced Mitchell to probation, and entered judgment. Mitchell again moved to withdraw his plea and again the trial ...

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98-4252 Outlaw v. Newkirk

“[W]e find that the defendants met their initial burden of production in moving for summary judgment. They submitted affidavits which represented that prisoners throwing matter or grabbing guards through the cuffports is a security threat and that the cuffport doors need to be closed to minimize these hazards. The affidavits also stated that Outlaw said ‘Take this garbage, you bitch’ ...

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00-1232 Dahmen v. American Family Mutual Insurance Co.

“The evidence necessary to support a claim of bad faith is very different from that necessary to support a claim for UIM benefits. While the Dahmens’ claim for UIM coverage will turn on the amount of their damages, a claim of bad faith will examine American Family’s handling of the Dahmens’ UIM claim. “In litigating a claim of bad faith, ...

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00-2017 In Re the Marriage of: Strelick v. Strelick

Virginia Strelick has appealed from a judgment of divorce from the respondent, Richard Strelick. In the divorce judgment, Virginia was awarded maintenance of $900 per month for a period of 10 years. Because the trial court erroneously exercised its discretion by considering Virginia’s earning capacity rather than her actual earnings, we reverse the judgment and remand the matter for further ...

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00-3292-CR State v. Douangmala

Sisakhone Douangmala appeals an order denying his motion to withdraw his no contest pleas on the ground that he did not understand the risk of deportation that arose from his pleas. In an earlier appeal, this court remanded the matter to the circuit court for a hearing and findings on Douangmala’s understanding of the possibility of deportation at the time ...

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