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00-2609 U.S. v. Booker

“Booker is correct that the government’s chemical evaluations identified the drugs generally as cocaine base and not as a specific type of cocaine. But we are aware of only two substances that are classified as cocaine base: crack cocaine and ...

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99-2831-CR State v. Love

Willy J. Love appeals from a judgment, entered after a jury trial, convicting him of possession of cocaine with intent to deliver, second or subsequent offense, as a party to a crime, and possession of cocaine without the tax stamp, ...

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00-1746-CR State v. Martinez

Mario M. Martinez, pro se, appeals from a judgment convicting him of 13 counts of theft, uttering, and practicing law without a license and from the trial court’s order denying his postconviction motion for resentencing. Martinez claims: (1) the trial ...

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00-2544 Neuma Inc. v. AMP, Inc., et al.

“Neuma’s claim in Count II is that AMP, as the plan administrator, misrepresented the terms and conditions of Larsen’s life insurance program, causing Neuma to purchase the rights to a policy that was far less valuable than it was led ...

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00-1504 Johnson v. Allsteel, Inc., et al.

“Allsteel’s alteration of the Plan’s language changed the standard of review by which a court would review its decisions, thereby granting Allsteel the same unchanneled discretion to deny claims. Before Allsteel altered the Plan’s language to grant itself discretion to ...

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00-2958 Dunn v. Nordstrom Inc.

“[R]egardless of the title ascribed to Dunn following his alleged promotion, Dunn has shown that an issue of fact exists relating to whether he was entrusted with important new duties, including employee supervision, budgeting and reporting. While the parties expend ...

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00-2224 State v. Ransdell

“As with the legislature’s constitutional policy determination that the safety of innocent persons in society warrants the finely tuned procedures in Wis. Stat. ch. 980 that permit the incapacitation of sexually violent persons, we see nothing that prevents the legislature ...

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00-3138 Buzdygan v. INS

“Section 3.43 of Title 8 of the Code of Federal Regulations explains that an alien’s motion to reopen proceedings pursuant to NACARA must establish that the individual meets four specific requirements. While Buzdygan meets three of these four requirements, we ...

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98-3736 Jackson v. Miller

“The transcript of Jackson’s March 27, 1975 sentencing hearing reflects that sentence was actually imposed at that time. At that initial hearing, the Judge stated, ‘[t]he Court … now sentences both defendants to not less than one (1) nor more ...

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00-3435 Reusch, et al. v. Roob

Mark W. Roob appeals from the trial court judgment awarding Duane P. Reusch, Laura K. Reusch, Karen M. Newton and Roger A. Newton (collectively, “the Reusches”) $38,368.16 for damages and costs, including attorney fees. Roob argues that the trial court ...

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00-3086 U.S. v. Anderson

“Mr. Anderson was an assistant branch manager at TCF, not an ordinary bank teller. In that position, Mr. Anderson had access to any account in the bank system. As a result, he had access to or authority over valuable things, ...

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00-3412 Kasieta v. Tennies

James and Reyne Kasieta appeal from an order dismissing their claim for adverse possession. The dispositive issue is whether the Kasietas proved that they adversely possessed the disputed property for the required 20 years. We conclude that they did not, ...

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00-3028 Brennan v. Gjerdingen Farms Inc.

Gjerdingen Farms appeals from a summary judgment granting Thomas and Jane Brennan’s claim for specific performance on a first option to buy land owned by Gjerdingen. Gjerdingen challenges both the determination that it had breached the first option contract and ...

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00-1889-CR State v. Sexton

Bradley W. Sexton appeals a judgment, entered upon a jury’s verdict, convicting him of five counts of felony failure to support a child. Sexton argues that this court should exercise its discretionary power of reversal pursuant to Wis. Stat. sec. ...

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01-0441-CR State v. Kress

Florian A. Kress contends that the State’s attempt to punish him criminally for his second operating while intoxicated (OWI) arrest within hours of his first drunk driving arrest contravenes the ex post facto provision of the federal constitution. We do ...

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01-0121-CR State v. Smith-Herzog

The State of Wisconsin seeks to appeal from an order of the circuit court dismissing with prejudice a charge of operating a motor vehicle with a prohibited blood alcohol content. The State contends that the verdict rendered by the jury ...

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00-2852 State v. Casteel

“On five previous occasions, Casteel’s appeals have been dismissed based on Wis. Stat. sec. 974.06(4) and Escalona-Naranjo. This case is dismissed on the same basis. Because we conclude that Casteel knows or should know that this, his eighth postconviction order ...

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01-0614 Baumstein v. Myklebust

Paal Myklebust appeals from a money judgment of $50,115 in favor of Thea Baumstein. Myklebust contends he is not a proper party to the action because he is a member of a limited liability company. Alternatively, he asserts that Baumstein ...

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01-0105-CR State v. Marcus

Christopher Marcus appeals an order denying his motion to modify a five-year sentence imposed for escape. He argues that the sentencing court improperly exercised its discretion when it imposed the maximum sentence and that the sentence is so excessive and ...

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00-1825 Hertzberg v. SRAM Corp.

“The requirement that a plaintiff establish a discriminatory discharge in order to receive lost pay precludes such a recovery for Ms. Hertzberg in the present case. We agree with the district court that Ms. Hertzberg’s lawyers, ‘in the nature of ...

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