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01-3376 U.S. v. Sines

“Sines argues that the requirement to take periodic polygraph examinations as part of a sex offender treatment program was not part of his original sentence at all. He bases this argument on the fact that, according to the transcript of ...

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01-1744, 01-2119 Liu v. Price Waterhouse LLP

“[O]btaining copyright protection in the derivative work was beyond the scope of the permissible uses authorized by the June 7, 1995 letter agreement. See 1 NIMMER ON COPYRIGHT sec. 3.06, at 3-34.26 at 26(1) (2002) (‘[T]he right to claim copyright ...

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02-0448 State ex rel. Slagoski v. Kingston, et al.

Joshua Slagoski appeals from a pair of orders dismissing his claims for certiorari review of a prison disciplinary decision and declaratory judgment regarding related administrative code provisions. We affirm. This opinion will not be published. Dist IV, Dane County, Callaway, ...

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00-3314 Heinz v. Central Laborers' Pension Fund

“Before the amendment, plaintiffs had the right under the plan to work as construction supervisors and continue to receive their monthly benefit payments. When disqualifying employment was redefined to include work “in any capacity in the construction industry (either as ...

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02-0159-CR, 02-0160-CR State v. Stock, et al.

Dorian Stock and Beth Zurkowski appeal from judgments convicting them of two counts of failing to provide adequate shelter to animals confined outdoors. Defendants make four arguments: (1) the criminal complaints did not provide adequate notice of the charges against ...

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01-3966 Sonnleitner v. York

“Under the first prong of this inquiry, we agree with Sonnleitner that the Institute may have violated his procedural due process rights by failing to accord him a predisciplinary hearing on the unenumerated (i.e., the more serious) charges contained in ...

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02-0002-CR State v. Leair

Nicholas Leair appeals a judgment entered on a jury verdict convicting him of burglary while armed with a dangerous weapon, armed robbery, two counts of kidnapping, two counts of false imprisonment, and attempted taking and driving a vehicle without the ...

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01-2038 Jones v. Union Pacific Railroad Co.

“Jones asserts that he was not insubordinate or quarrelsome with Agent Brody. His argument is, in essence, that under the applicable summary judgment standards we must accept his version of the facts as true, and, as such, Union Pacific could ...

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01-2135-CR State v. Defliger

Robert DeFliger appeals a judgment convicting him of second-degree sexual assault. He also appeals an order denying his motion for postconviction relief. DeFliger claims the trial court erred in denying his motion to dismiss the information for lack of specificity ...

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01-3977 Brines v. XTRA Corp.

“Its vagueness alone would make it impossible for a court to provide any relief to the members of the class, who are seeking after all cash rather than the establishment of a program left to the employer’s discretion to establish ...

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02-0906, 02-0907 Marathon County v. Hart

Daniel J. Hart appeals orders denying his motion to reconsider the court’s default judgment against him. He argues that the trial court erroneously exercised its discretion because his failure to be present at a pretrial conference was due to mistake, ...

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01-2746 U.S. v. Krilich

“Notwithstanding the vacation of Hoffman Homes I, the parties agreed to incorporate its interpretation of the law into the Consent Decree and Krilich benefited from that decision. Under these circumstances, it would not be equitable to compare a change in ...

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02-0869-CR State v. Coon

Larry Coon appeals from a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OWI), second offense, and an order denying his motion to suppress the blood test results. The primary issue is whether ...

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02-2005 Paschal v. U.S.

“A federal inmate is a person in federal custody; the reason for his being an inmate is irrelevant to his status as an inmate. Policies administered by the Bureau of Prisons are generally applicable to pretrial detainees and convicted prisoners ...

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01-3391-CR State v. Hubbard

Vernon L. Hubbard appeals from the judgment of conviction entered against him. Hubbard was convicted of operating while intoxicated as a fifth offense. The issue on appeal is whether the police had probable cause to arrest Hubbard. The trial court ...

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01-4277 U.S. v. Lemons

“This court, and for that matter its sister circuits, have already rejected Lemons’ construction of Lopez and its progeny vis à vis the felon-in-possession statute. We are bound by the ample Seventh Circuit precedent on this point. If, indeed, Lopez’s ...

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01-2677-CR State v. Champagne

Brett M. Champagne appeals from judgments of conviction for possession with intent to deliver cocaine and possession of heroin, following his guilty plea. He argues that the trial court erred in denying his motion to suppress evidence. We affirm. This ...

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00-1214, 00-1273, 00-1345 U.S. v. Arocho

“While this court has yet to consider the constitutionality of Section 924(c) in light of Lopez, every other circuit to address the issue has found that the statute is a valid exercise of Congress’ commerce power. United States v. Nguyen, ...

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01-3044-CR State v. Jacques

Ryan A. Jacques appeals from a judgment of conviction entered after he pled guilty to one count of possession of more than 500 but fewer than 2500 grams of tetrahydrocannabinols, with the intent to deliver, one count of possession of ...

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01-2192 U.S. v. Bonner

“Bonner’s words and conduct fell within the rule of United States v. Davenport, 929 F.2d 1169, 1174 (7th Cir. 1991), which holds that if a defendant starts down an exculpatory path by providing statements, and then clams up and refuses ...

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01-2703 U.S. v. Fleischli

“Fleischli argues that a gun does not fire automatically unless it uses a portion of the energy of a firing cartridge to extract the fired cartridge and chamber the next round without a separate pull of the trigger. He derives ...

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01-3450 Hardaway v. Young

“The state courts did note that Youth Officer Geraci was present at the 7:00 and 10:45 p.m. statements, but we agree with the district court that this fact is meaningless. As far as the record shows, Geraci provided about as ...

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01-2928-CR State v. Porth

The State appeals from a trial court order granting David A. Porth, Sr.’s motion for a new trial based upon ineffective assistance of counsel. The State argues that Porth was not denied effective assistance of counsel because trial counsel’s performance ...

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