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01-2103 Eisenberg v. Babikan, et al.

S. Eisenberg appeals a judgment dismissing her complaint, which sought to prevent the razing of buildings she owns, and an order evicting the tenant from one of the properties. The dispositive issues are whether the trial judge properly denied Eisenberg’s ...

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01-3799, 01-3802 Iddir, et al. v. INS

“Congress gave the Attorney General, and thereby his delegatee the INS, the power to administer the DV Program and the duty to adjudicate the applications of the participants. See 8 U.S.C. § 1153(c); 8 U.S.C. § 1154(a)(1)(I); 22 C.F.R. § ...

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94-3360 U.S. v. Prevatte

“Mr. Prevatte has brought a non-frivolous challenge to his conviction by alleging that, due to an intervening decision of the Supreme Court of the United States that narrows significantly the statute under which he was convicted, he stands convicted of ...

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01-4347 U.S. v. Jackson

“[W]e agree with the district court that the police properly seized the firearm from Jackson’s waistband. Officer Eakins and another Gary officer observed Jackson walking down the middle of a four-lane highway at approximately 4:20 a.m., conduct which constitutes the ...

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02-0930-FT In re the Marriage of: Spang v. Spang

Thomas Spang appeals an order denying his motion to modify his maintenance obligation to Maureen Spang. Thomas requested the court either terminate or reduce maintenance because he had experienced a reduction in income. The circuit court reduced Thomas’s monthly payment ...

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00-3444 U.S. v. Ringer

“[W]e find venue was proper in the Southern District of Indiana because events took place there which were critical to proving the elements of the false statements case against Ringer. “[O]ne of the elements of an 18 U.S.C. § 1001 ...

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01-2837 Gurtner v. Gurtner

Duane and Marilyn Gurtner appeal a judgment that determined they entered into a partnership with Wayne Gurtner and ordering their real estate sold and proceeds divided, after the payment of certain debts. Duane and Marilyn argue that the record shows ...

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01-2283, 01-4078 U.S. v. Marrero

“Had our defendants not robbed the Detroit dealers, there would have been no transaction-at least with them. But the qualification is vital. Had the defendants not lured the Detroit dealers to Chicago, those dealers would have used their $25,000 to ...

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01-2864 U.S. v. Williams

“In order to enhance a defendant’s sentence due to prior convictions, the government must timely file an information under 21 U.S.C. § 851(a) describing the bases for the enhancement. Post-conviction but prior to sentencing, the district court is then required ...

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Badger Mutual can be limited to its facts

On July 10, the Wisconsin Supreme Court ruled that an unambiguous clause in an insurance policy, which is specifically-approved by statute, can be rendered invalid if the remainder of that policy does not adequately explain the coverage in which the ...

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01-3814 Nieves v. Bd. Educ. City of Chicago

“[I]n support of the causation element, Nieves offers only (1) her unsupported allegation that the decision was made after the protected speech and (2) the timing of the termination, occurring approximately one month after the protected speech. Neither of these ...

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01-3372 Tridle, A minor v. Horn

Because Midwest did not file a cross-claim against Horn, there exists no claim upon which Midwest could file a motion for default judgment in its favor and against Horn. “It follows that the failure to aver a claim for relief ...

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01-3236-CR State v. Fields

Maurice Fields appeals a judgment convicting him of second-degree sexual assault by use of force. He also appeals the order denying his motion for postconviction relief. Fields argues that the circuit court erroneously exercised its discretion when it denied his ...

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01-4061 Chapman v. Maytag Corp.

“It is undisputed that Petry did not conduct any scientific tests or experiments in order to arrive at his conclusions. Petry never produced any studies, tests or experiments to justify or verify his conclusions, despite his representations to the court ...

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02-0208-CR State v. Welch

Melvin C. Welch appeals from a judgment of conviction for violating a harassment injunction. Welch raises five issues: (1) whether the harassment injunction is unconstitutionally vague; (2) whether the criminal complaint was sufficient; (3) whether there was sufficient evidence to ...

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01-3255 Martin v. Deuth

“As the Supreme Court held in Coss: ‘[O]nce a state conviction is no longer open to direct or collateral attack in its own right because the defendant failed to pursue those remedies while they were available (or because the defendant ...

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01-1702-CR State v. Grimes

Harold Grimes appeals a judgment convicting him of carrying a concealed weapon. Grimes contends that article I, section 25 of the Wisconsin Constitution, which provides that “people have the right to keep and bear arms,” renders sec. 941.23 unconstitutional. This ...

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02-1301 U.S. v. Cole

“As the district court concluded here, discharging a firearm is an inherently risky act. Even though shots were not aimed at a particular person, the actions of the mob could easily have caused an injury; the case law is replete ...

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01-2808 State ex rel. Tyler v. Bett

“The fatal flaw in Tyler’s request for application of the tolling rule to his petition is that he did not place all of the required documents and a disbursement request for the proper filing fee “in the prison mailbox” until ...

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