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Case Digests

00-2031 Nekoosa Papers Inc. v. Magnum Timber Corporation, et al.

This is an appeal from a declaratory judgment in which the trial court determined that an agreement between Nekoosa Papers Inc., and Johnson Timber Corporation, Bayside Timber Corporation, and Magnum Timber Corporation (hereinafter “Johnson Timber”) was unambiguous, permitting the agreement to expire at the end of three years. Johnson Timber argues that the plain terms of the contract support its ...

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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 contest plea because there was insufficient evidence to support the plea and because of ineffective assistance of counsel. We resolve ...

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00-2770 In the Matter of Bond Appeal from the United States District Court for the Central District of Illinois, Mills, J., Cudahy, J.

“[I]n spite of Dempsey’s failure to obtain the fees she requested, we note that she has set forth several reasonable arguments regarding the manner in which her fee requests were handled. For example, the bankruptcy court never provided her with an opportunity to address its concerns with her billing methods prior to ruling on her request, choosing instead to surprise ...

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00-1834 Diel v. State of Wisconsin-Labor and Industry Review Commission, et al.

Worker’s compensation; surveillance evidence; experts William B. Diel appeals from an order dismissing his complaint challenging a decision of the Labor and Industry Review Commission (LIRC). LIRC affirmed an administrative law judge’s (ALJ) denial of permanent partial disability due to work-related hand and wrist injuries and temporary total disability due to a psychological injury resulting from the work-related injury. We ...

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00-2459-CR State v. Luedke

Daniel Luedke appeals from a judgment convicting him of two counts of felony impersonating a peace officer and from an order denying his motion for postconviction relief. Luedke argues that his guilty plea was not knowingly, intelligently, and voluntarily entered. We reverse the order denying postconviction relief and remand for further proceedings. This opinion will not be published. Dist I, ...

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00-1678 Hoffman-Dombrowski v. Arlington International Racecourse Inc.

“Although Majchrzak did receive the position that Dombrowski wanted, he was not similarly situated to Dombrowski at the time of his promotion. Dombrowski and Majchrzak were not similarly situated because they did not hold the same or equivalent positions at the time that Arlington decided to promote Majchrzak to the position of assistant general manager at Trackside. See Radue v. ...

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01-0562-FT Parenteau v. Labor and Industry Review Commission, et al.

Worker’s compensation; credible and substantial evidence D & G Trucking, its insurer and the Labor and Industry Review Commission appeal an order that reverses the commission’s decision denying worker’s compensation benefits to Joseph Parenteau. They argue that credible and substantial evidence supports the commission’s decision. The appellants contend that the facts showed a legitimate doubt that Parenteau’s claimed back injury ...

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00-3101-CR, 00-3102-CR State v. Sackatook

Frank Sackatook, Jr., appeals judgments convicting him of first-degree sexual assault of a child and burglary. He also appeals an order denying his motion to withdraw his no contest pleas. We conclude that the trial court properly denied the motion to withdraw the no contest pleas without a hearing. However, the judgments contain a clerical error in that they do ...

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00-2349 Brown v. Illinois Central Railroad Company

“[A] bright-line rule that the RLA does not preclude claims brought under other federal statutes cannot be reconciled with the requirement that when conducting a preclusion inquiry a court must examine each federal statute to determine the effect that Congress intended the statutes to have upon each other. Thus, we decline to hold that the RLA’s preclusive effect is determined ...

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00-1027 In Re the Marriage of: Kuper v. Kuper

Petitioner Leslie L. Kuper appeals from a court order finding her liable to her ex-husband, respondent Craig A. Kuper, for $40,184, representing back taxes, interest, and penalties assessed against Craig by the state and federal governments. Leslie also contends that the court erred in finding her liable to Craig for $1750 in attorney fees and costs. We find in favor ...

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01-0102-CR State v. Vue

Pha Vue appeals his judgment of conviction for two counts of attempted first-degree intentional homicide. Vue argues the trial court erred as a matter of law by: (1) determining that Vue’s statement was admissible even though it was taken after he had invoked his constitutional right to remain silent; (2) denying Vue’s motion for a mistrial based upon a witness’s ...

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00-3661 Kadas v. MCI Systemhouse Corp.

“[A]ll three of the riffed employees were at least 40. But only five of the 32 employees in the department were under 40, which means that, assuming the choice of employees to riff was random, there was a 59 percent chance that all three riffed employees would be at least 40. See David Freedman, Robert Pisani & Roger Purves, Statistics ...

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00-2669 Friedman, et al. v. Stueber, et al.

David Friedman appeals a summary judgment dismissing his insurer, USAA Casualty Insurance Co. He contends that his USAA uninsured and underinsured motorist policy covers his injuries because they were caused by an accident. Alternatively, Friedman argues that summary judgment should not have been granted because the facts raise conflicting inferences. He submits that a jury must resolve the conflicting inferences. ...

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00-2304-CR State v. Porter

Crystal Porter appeals from a judgment of conviction entered on her guilty plea to keeping or maintaining a drug house, and from an order denying her request for postconviction relief. Porter claims: (1) she did not voluntarily consent to the warrantless entry into and subsequent search of her residence by police, and thus, the trial court erred in denying her ...

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00-2104 Sevcik, et al. v. Secura Insurance Company

This is a wrongful death action arising out of an automobile accident in which Sally Peters was killed and her son, Justin, was severely injured. Mary Sevcik, as personal representative of the Estate of Sally Peters, and Justin, by his guardian ad litem, (collectively, the Peters) appeal a judgment in favor of Secura Insurance Company. The Peters argue that the ...

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00-2891-CR State v. Jensen

Jon Jensen appeals a judgment sentencing him to ten years in prison for burglary and an order denying his motion to reduce the sentence. He argues that the trial court did not adequately explain its reasons for imposing the maximum sentence and that the sentence is unduly harsh. We reject these arguments and affirm the judgment and order. This opinion ...

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00-3595, 00-3861 Multi-Ad Services, Inc. v. NLRB

“Substantial evidence supports the Board’s conclusion that management coercively interrogated Mr. Steele on August 16. The closed-door meeting was conducted in a manager’s office by Heathcoat and Ireland, two people who had authority to fire Mr. Steele. The two managers questioned Mr. Steele regarding why he would want to bring a union into the company. See Beverly Cal. Corp., 227 ...

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01-0666, 01-0667 01-0668, 01-0669 In the Interest of Katarina R.C., Carlos C., Leila M.C., Hector C.: Brown County Department of Human Services v. Rochelle D., et al.

The Brown County Human Services Department appeals orders vacating previous orders terminating Rochelle D’s parental rights. The circuit court determined that Rochelle had not been properly instructed of her right to substitution of judge and that she did not know of that right. The State argues that Rochelle was advised of her right to substitution of a judge while she ...

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00-0490-CR, 00-0491-CR State v. LaRoche

In this consolidated appeal, Leonard J. LaRoche appeals from judgments and an order sentencing him to prison on four counts of failure to pay child support following probation revocation proceedings. He argues that his probation in 94 CF 201 expired prior to the hearing at which the circuit court purported to extend his probation and that his probation in that ...

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00-1958 Lake Bluff Housing Partners v. City of South Milwaukee

“The trial court found, as a result, that the harm was caused by Lake Bluff’s business decision to proceed with construction before the final legality was determined. In essence, the trial court concluded that Lake Bluff was the party with unclean hands. The trial court’s findings were not clearly erroneous, and its decision was reasonable.” Further, we reject plaintiffs’ contention ...

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01-0444-FT City of Brookfield v. Ulmen

The City of Brookfield appeals from an order dismissing two uniform traffic citations that charged Daniel D. Ulmen with operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC) respectively. The dismissal order followed the trial court’s ruling that the temporary detention of Ulmen’s vehicle was not authorized under Wis. Stat. sec. ...

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99-0327 Minnesota Fire & Casualty o. v. Paper Recycling of La Crosse

“The activity that the boys were engaged in, crawling through stacks of baled paper, while lighting matches and starting fires, is not included in the second part of the immunity statute’s definition which lists 28 specific recreational activities. Nor is the activity of the boys included, specifically, in the third part’s broad definition providing that a recreational activity is ‘outdoor ...

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00-3897Otto v. SEC

“[W]e need not decide the issue of whether the NASD is a state actor in this case because Otto admitted all of the facts necessary to establish his guilt, which dooms his due process arguments.” “Given Otto’s admissions coupled with the incriminating documentation he sent throughout her investment, Otto’s claims that the proceedings were unfair and violated his due process ...

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00-3527 State of Wisconsin ex rel. Michael Gendrich v. Litscher, Secretary of the Department of Corrections

“We have reviewed the return to the writ of certiorari and find that there is substantial evidence to support the Commission’s conclusion that Gendrich’s release would pose a substantial risk to the public because he remains an untreated sex offender. Gendrich has completed the “Denier’s Program” but has not yet completed Sex Offender Treatment. Early during his incarceration, he refused ...

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00-3013-CR State v. Martin

Richard Martin pled guilty to operating while under the influence of an intoxicant, second offense, contrary to Wis. Stat. sec. 346.63(1)(a). He appeals his conviction, contending that the trial court erred when it denied his motion to suppress evidence. Martin claims that the arresting officer lacked reasonable suspicion to detain him and conduct an investigation. This court concludes that the ...

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01-1145In Re the Termination of Parental Rights to Alexis J.: State v. Kristin J.

Kristin J. appeals the trial court’s order terminating her parental rights to Alexis J. following the trial court’s entry of a default judgment against her. She also appeals the trial court’s denial of her motion asking for relief from the judgment. She contends that her due process rights were violated when the trial court entered a default judgment after she ...

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01-2441Garza v. Lappin

“Nothing in the OAS Charter suggests an intention that member states will be bound by the Commission’s decisions before the American Convention goes into effect. To the contrary, the OAS Charter’s reference to the Convention shows that the signatories to the Charter intended to leave for another day any agreement to create an international human rights organization with the power ...

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00-1846 State v. Multaler

“The affidavit establishes that serial killers are uniquely likely to have a strong psychological compulsion to keep evidence of their crimes, even when they know they are under investigation. In fact, the affidavit establishes that serial killers may unreasonably flirt with the risk of being detected, as part of the nature of their unique criminal mentality.” Further, defendant has failed ...

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00-3180-CR State v. Roesing

Victoria D. Roesing appeals from a judgment of conviction after a jury found her guilty of operating a motor vehicle while under the influence of an intoxicant or other drug contrary to Wis. Stat. sec. 346.63(1)(a) (1999-2000). Roesing claims that the trial court erroneously exercised its discretion when it: (1) denied the defendant’s motion in limine to exclude HGN (Horizontal ...

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