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01-3623 Pozo v. McCaughtry, et al.

“To exhaust administrative remedies, a person must follow the rules governing filing and prosecution of a claim. As Artuz v. Bennett, 531 U.S. 4, 9-10 & n.2 (2000), observes, these include time limits. Consider once more the analogy to collateral ...

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01-3251 U.S. v. Baronia

“At the time of Baronia’s sentence, the commentary to sec. 2B5.1 identified the following exception to the enhancement for certain counterfeiters: ‘Subsection (b)(2) does not apply to persons who merely photocopy notes or otherwise produce items that are so obviously ...

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01-1506 In Re the Arbitration of a Dispute Between Local 236 Laborers International Union of North America, AFL-CIO and City of Madison: Local 236 Laborers International Union of North America, AFL-CIO v. City of Madison

Local 236 (the union) filed a grievance asserting that the City of Madison had assigned two employees the full duties and responsibilities of a higher job classification such that, under the terms of the collective bargaining agreement, the employees were ...

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99-4209, 99-4303 U.S. v. Oestreich

“The claim was entitled ‘Administrative claim for damages and return of all property, 26 U.S.C. sec. 7433(d)(1).’ It and accompanying documents, referred to as ‘codicils,’ contained much tax protester gibberish attempting to deny liability for federal income tax and social ...

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01-1854 City of Milwaukee v. Reischel

Benedict Reischel, pro se, appeals from the order denying his motion to reopen a default summary judgment awarding the City of Milwaukee $5,000 plus costs as recovery for the cost of razing his property. Reischel argues that the court, in ...

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01-3170 U.S. v. Tiojanco

“We think Tiojanco fits comfortably within the class of discretionary decisionmakers covered by the guideline and are unpersuaded by his argument that he is more like the ‘ordinary bank teller or hotel clerk’ who is exempted from the adjustment. See ...

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00-795 Ashcroft v. Free Speech Coalition

The contention that the CPPA is necessary because pedophiles may use virtual child pornography to seduce children runs afoul of the principle that speech within the rights of adults to hear may not be silenced completely in an attempt to ...

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00-3209-CR State v. Price

Albert J. Price, Jr., appeals from a judgment convicting him as a habitual offender of two counts of endangering safety, one count of attempted first-degree intentional homicide, five counts of attempted first-degree intentional homicide while armed, and four counts of ...

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00-1831 U.S. v. Craft

The rights Michigan law granted respondent’s husband qualify as “property” or “rights to property” under sec. 6321. The broad statutory language authorizing the tax lien reveals that Congress meant to reach every property interest that a taxpayer might have. United ...

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01-1918 Schwigel v. Kohlmann

“[I]f the judge’s jury instruction had cautioned the jury to make sure that it was not awarding duplicate damages on the multiple claims when considering the single damage question, perhaps we could salvage the verdict. “But the instruction refers to ...

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01-2236-CR State v. Arberry

Julius L. Arberry appeals from a judgment entered after a jury found him guilty of possession of a firearm by a felon (second or subsequent offense), and carrying a concealed weapon. He also appeals from an order denying his postconviction ...

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01-1418 State v. Purdy

William Purdy appeals from a conviction for speeding 69 miles per hour in a 55-mile-per-hour zone. He contends that he was improperly denied a jury trial, that he was denied a fair trial as evidenced by the trial court’s rulings ...

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01-3362-CR State v. Groesbeck

The State appeals an order granting Greg Groesbeck’s motion to suppress evidence. B ecause Appleton police officer Lawrence Potter had reasonable suspicion to stop Groesbeck and conduct a further investigation, this court reverses the order. This opinion will not be ...

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01-2956-CR State v. Olson

Steven Olson appeals from an order denying his motion to suppress evidence. Olson was convicted of manufacturing methamphetamine. Olson argues that a search warrant was defective because: (1) the search warrant affidavit omitted material facts that would not have supported ...

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01-2503 State v. Lasky

“The state element requires merely that the defendant used or threatened to use a dangerous weapon. At the federal level, the prosecution is required to prove that the victim was assaulted or that the victim’s life was in jeopardy. See ...

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01-2225-CR State v. Rogers

Fredrick Rogers appeals the judgment of conviction for second-degree sexual assault of a person who has not attained the age of 16 years, and the order denying his motion for sentence modification on two grounds: (1) that a “new factor” ...

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01-0230 State v. Sveum

“Because Sveum’s conviction for violating an injunction issued under Wis. Stat. § 813.125(4) is a criminal conviction, we further conclude that the circuit court properly sentenced him as a repeater. … “[And], because the crime of violating an injunction issued ...

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01-2238-CR State v. Simpson

Willie C. Simpson appeals from a judgment of conviction entered after a bench trial where he was found guilty of two counts of first-degree sexual assault of a child. He also appeals from a postconviction order. Simpson raises two claims ...

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01-1295 State v. Brockett

“While Wis. Stat. § 974.05 sets forth those rulings from which the State may appeal, there is nothing in the language of the statute prohibiting the trial court from hearing a motion to reconsider. As the State correctly points out, ...

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01-2395 Ienco v. City of Chicago

“In [Newsome v. McCabe, 256 F.3d 747 (7th Cir. 2001)], we withdrew dicta in four of our previous opinions – which had each been understood to permit Section 1983 malicious prosecution claims but bar similar claims asserting that defendants’ actions ...

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