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Case Digests

00-2586-CR State v. Lessard

Alberta P. Lessard appeals from a judgment convicting her of disorderly conduct, see Wis. Stat. sec. 947.01, following a bench trial. We affirm. This opinion will not be published. Dist I, Milwaukee County, Siefert, J., Fine, J. Attorneys: For Appellant: ...

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00-1678 State v. Gates

Sammy J. Gates appeals pro se from a circuit court order denying his Wis. Stat. sec. 974.06 (1999-2000) postconviction motion. We affirm. This opinion will not be published. Dist II, Winnebago County, Schmidt, J., Per Curiam Attorneys: For Appellant: Sammy ...

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99-1977 Saucier v. Katz

“[Graham v. Connor, 490 U.S. 386 (1989) and Anderson v. Creighton, 483 U.S. 635 (1987)] refute the excessive force/probable cause distinction on which much of respondent’s position seems to depend. The deference owed officers facing suits for alleged excessive force ...

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00-2568 State v. Entringer

“Forgery cannot be committed by the making of a genuine instrument, although the statements made therein are untrue. The term ‘falsely’ has reference not to the contracts or tenor of the writing, or to the fact stated in the writing, ...

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00-3448-CR State v. Mumm

Malcolm M. Mumm appeals from the denial of his suppression motions and his conviction of operating a motor vehicle with a prohibited blood alcohol concentration (BAC) second offense. He contends that the illegal seizure of his blood sample and the ...

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00-189 Idaho v. United States, et al.

“Congress undertook to negotiate with the Coeur d’Alene Tribe for reduction in the territory of an Executive Order reservation that Idaho concedes included the submerged lands at issue here. Congress was aware that the submerged lands were included and clearly ...

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00-1785-CR State v. Rosenberg

OMVWI; prior convictions; fresh pursuit William C. Rosenberg has appealed from judgments convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense and of bail jumping. Rosenberg contends that the trial court erred when it permitted two prior ...

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00-121 Duncan v. Walker

“Section 2244(d)(2) … employs the word ‘State,’ but not the word ‘Federal,’ as a modifier for ‘review.’ It is well settled that ‘ ‘[w]here Congress includes particular language in one section of a statute but omits it in another section ...

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00-1829-CR State v. David G.K.

David G.K. appeals from a judgment of conviction for sexual assault of a child and incest, and from an order denying postconviction relief. The issue on appeal is whether the prosecutor breached the plea agreement. We conclude that the prosecutor ...

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00-2136-CR State v. Ransom

Sebastian C. Ransom appeals from a judgment of conviction for possession of cocaine with intent to deliver and from an order denying his motion for postconviction relief. On appeal, Ransom asserts that he should be allowed to withdraw his no ...

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00-2916Clay v. Holy Cross Hospital

“Clay presents no evidence to rebut Seliga’s testimony that Gaffney advised him that Clay was uncooperative with the Hospital’s marketing efforts, and that Clay failed to participate in any of the Hospital’s 25 marketing events. Clay attempts to refute this ...

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00-549 Cedric Kushner Promotions, Ltd. v. King

“Linguistically speaking, an employee who conducts the affairs of a corporation through illegal acts comes within the terms of a statute that forbids any ‘person’ unlawfully to conduct an ‘enterprise,’ particularly when the statute explicitly defines ‘person’ to include ‘any ...

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99-3415EEOC v. Yellow Freight System, Inc.

“The unchallenged record in this case reflects that Yellow Freight bent over backwards to accommodate Nicosia in spite of his long history of poor work attendance. Nicosia was repeatedly warned and reprimanded, and given numerous opportunities to improve his work ...

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99-2071 Tuan Anh Nguyen v. INS

“[T]o require Congress to speak without reference to the gender of the parent with regard to its objective of ensuring a blood tie between parent and child would be to insist on a hollow neutrality. As JUSTICE STEVENS pointed out ...

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00-0696 State ex rel. Reisch v. Schwarz

LeRoy Reisch appeals the trial court’s order dismissing his petition for writ of certiorari as untimely filed under the Prison Litigation Reform Act (PLRA). Reisch argues that the PLRA violates his right to equal protection because it requires prisoners in ...

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99-3263 Rabideau v. City of Racine

“[T]he relationships between a victim and a spouse, parent, child, grandparent, grandchild or sibling are deeply embedded in the organization of our law and society. The emotional loss experienced by a bystander who witnessed the negligent death or injury of ...

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00-492 Alabama v. Bozeman

“[T]he Agreement makes no distinction among different kinds of IV(c) ‘arrivals,’ say, by exempting those that are followed by return within a short, specified period of time, or those that are simply for the purpose of arraignment. Given the Agreement’s ...

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00-1031 Zurkowski v. Hobart Corporation, et al.

Jay E. Zurowski appeals from a judgment entered after a bench trial wherein the trial court dismissed his personal injury claim alleging negligence and a violation of Wisconsin’s Safe Place Statute against Hobart Corporation (Hobart). Zurowski claims the trial court ...

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