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Case Digests

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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99-1702 Waters v. Pertzborn

“We conclude that there are two statutory impediments to the circuit court’s order for separate trials on the issues of liability and damages before different juries. First, a review of the history of sec. 805.05(2) reveals that the omission of ...

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99-8508 Kyllo v. United States

“[I]n the case of the search of the interior of homes – the prototypical and hence most commonly litigated area of protected privacy – there is a ready criterion, with roots deep in the common law, of the minimal expectation ...

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00-2792-CR State v. Rodgriguez

Angel Rodriguez appeals, following a jury trial, from a judgment convicting him of attempted first-degree intentional homicide and burglary, both while armed with a dangerous weapon, and from an order denying his motion for postconviction relief. Rodriguez claims he was ...

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00-1663Luder v. Endicott

“The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit against the state and did so successfully: they are seeking to force the state to accede to their view of the Act ...

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00-2839 Johnson Bank v. Brandon Apparel

“Here, the parties submitted affidavits with conflicting statements as to whether an oral agreement existed. While the trial court may have considered the parties’ affidavits, some matters are ‘too grave to be decided on affidavits.’ [Citation]. Unless the facts are ...

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00-1784-CR State v. Handal

Eduardo D. Handal appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Handal received ineffective assistance of trial counsel. Because we agree with the circuit ...

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No. 105Kansas v. Colorado

“At one point in time, the fact that the claim was unliquidated would have been of substantial importance… This common-law distinction has long since lost its hold on the legal imagination. Beginning in the early part of the last century, ...

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00-1663Luder v. Endicott (55270)

“The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit against the state and did so successfully: they are seeking to force the state to accede to their view of the Act ...

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99-4121, 00-3881 Beverly California Corp. v. NLRB

“A review of NLRB decisions reveals that the agency considers a General Counsel’s and Charging Party’s opposition to a settlement to be a powerful reason to disregard the settlement unless the NLRB considers the reasons behind the opposition to be ...

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00-1844 Sabel v. Rosenthal, et al.

Martin E. Rosenthal appeals from a judgment entered in his favor, granting his motion to reopen and vacate a default judgment that Dawn M. and Johnnie D. Sabel secured against Rosenthal on Aug. 25, 1987. Rosenthal challenges only that part ...

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00-391 Florida v. Thomas

“To deny review here would not necessarily cause Florida to go to trial without the suppressed evidence with further appeal barred in the event of an acquittal or the federal claim mooted in the event of a conviction. The state ...

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00-1780 State ex rel. Bridges v. Berge

Jimmy Bridges appeals from an order dismissing his certiorari petition and finding the petition frivolous. Because the circuit court did not state any reasons for its conclusions, we reverse and remand for further proceedings. This opinion will not be published. ...

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00-3707 Paragon Health Network, Inc. v. Thompson

“Paragon’s argument does have a degree of merit – terms like ‘operate[ ]’ and ‘provider’ suggest that one should look to whether a group of attributes making up the institution have changed such that the SNF may be described as ...

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00-1777-CR State v. Koeppen

Thomas W. Koeppen appeals from a judgment of conviction of bail jumping as a habitual criminal and from an order denying his motion for postconviction relief. Koeppen argues that the evidence adduced at trial was insufficient and that he was ...

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00-4180 U.S. v. Lane

“People who commit that offense may end up committing another, and violent, offense, such as robbing a bank at gunpoint, but that doesn’t make the possession offense violent. Otherwise we would have to say that the offense of driving a ...

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00-1774 State v. Shea

Daniel Shea appeals from the trial court’s order denying his motion for postconviction relief brought pursuant to Wis. Stat. sec. 974.06 (1999-2000). Shea raises several issues addressing the prosecutor’s alleged failure to provide him with discovery materials. We affirm. This ...

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00-3629 U.S. v. Jefferson

“Even assuming the confidential informant would testify as Jefferson claims he would, Jefferson has not shown that such testimony would be particularly significant to his defense. Unlike the defendant in [U.S. v. Bender, 5 F.3d 267 (7th Cir. 1993)], Jefferson’s ...

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00-3413-CR State v. Peterson

Larry Peterson appeals a conviction for second-degree sexual assault. He also appeals an order denying postconviction relief. Peterson argues that he should be granted a new trial in the interest of justice because the real controversy was not fully tried. ...

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00-1970-CR State v. Suslick

Anthony A. Suslick appeals from the judgment of conviction entered against him. The issue on appeal is whether the circuit court erroneously exercised its discretion when it refused to allow Suslick to withdraw his pleas. Because there is support in ...

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