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00-3090 U. S. v. Espinoza

“Given Espinoza’s resistive physical response to the officers’ attempt to gain forcible entry into his home (holding the door shut to prevent the officers from entering) we fail to see how the officers’ alleged failure to wait an objectively reasonable ...

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99-2296-CR State v. Henderson

“The rule against ‘rehabilitating’ a warrant after-the-fact by information known to the police but not included in the warrant application… applies only to challenges to the sufficiency of a search warrant under the warrant clause, not challenges to the manner ...

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00-1992 Herlache v. Zahran, et al.

Robin and Karen Zahran have appealed pro se from an order entered in the trial court on June 20, 2000, establishing the amount to be paid by them for the redemption of property which was the subject of a sheriff’s ...

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00-3174 U.S. v. Mitchell

“The officers, upon their arrival at the scene, clearly did not have sufficient information to immediately arrest Mitchell for being a felon in possession. However, we are of the opinion that the combination of a report of shots being fired, ...

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00-1967 U.S. v. Martinez

“The testimony of Gladney, Martinez’s main supplier of crack (but not his only source as testimony indicated at trial), places Martinez in possession of a minimum of 30 ounces (850.5 grams) of crack. In addition, there were numerous witnesses who ...

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00-2625-CR State v. Lee

Eugene Lee appeals a judgment convicting him as a felon in possession of a firearm, as a repeat offender. He also appeals an order denying his motion for postconviction relief. The issue on appeal is whether the trial court properly ...

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00-3227 U.S. v. Bautista

“[W]e see nothing in the Guidelines that forbids consideration of extralegal consequences that follow a sentence as grounds for a departure. In Koon, for example, the Supreme Court reversed the Ninth Circuit’s holding that career loss following imprisonment could never ...

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00-0076 State ex rel. Spriggie Hensley v. Endicott

Although plaintiff argued that there was a “futility” exception to the PLRA, that it would essentially be futile to require plaintiff to bring his constitutional challenges to the rules in question before the institution’s complaint review committees and appeal personnel ...

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01-2460 Graham v. Lappin

“Plaintiffs have standing, for they allege both a concrete injury to themselves and the possibility that the relief they seek will redress that injury. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Moreover, a district court is ...

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99-0946 Salveson v. Douglas County

“In deciding to award back pay, the circuit court found that Salveson was physically unable to work as a full-time street paramedic, but that she was able to perform other, less rigorous paramedic work. The court noted that after she ...

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01-0203 Town of Madison v. Gartland

Randall E. Gartland appeals a circuit court judgment convicting him of speeding. He argues that the circuit court erred in failing to dismiss the charge against him because the prosecutor failed to comply with a court order requiring him to ...

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00-2326 Newsome v. McCabe

“Putting Buckley and all problems of establishing causation to one side, we make the normal immunity inquiry: was it clearly established in 1979 and 1980 that police could not withhold from prosecutors exculpatory information about fingerprints and the conduct of ...

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99-0649 Martindale v. Ripp

And, because we conclude that this erroneous exercise of discretion affected plaintiff’s substantial rights, we reverse and remand the case to the circuit court for a new trial. “Here the circuit court erred for several reasons. First, the circuit court ...

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98-3329 Baierl v. McTaggart

Accordingly, summary judgment was properly entered in favor of the tenants and the decision of the court of appeals must be reversed. Although the landlord argues that the illegal provision is severable from the remainder of the lease, we disagree. ...

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00-2522 Townsend v. Vallas

“In Mr. Townsend’s case, however, the Board only temporarily transferred him from his teaching position, pending an investigation regarding the death of a child, and it provided Mr. Townsend with his full teacher’s salary while it did so. Within two ...

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00-2827 Equity Enterprises, Inc. v. Milosch

“Therefore, because section 5.1 does not contain any geographical restrictions, section 5.1 fails and the jury finding that it was reasonable is an error of law.” In addition, we conclude that the stipulated damages clause of the contract, sec. 4.2, ...

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00-4145 Delany v. DeTella, et al.

“Here, both in duration and severity, the nature of Delaney’s alleged deprivation was significant and serious, and apparently no alternatives were made available to mitigate the effects of the deprivation. We recently noted that segregation is akin to solitary confinement ...

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00-0003 Reid v. Benz

“In Elliott [v. Donahue, 169 Wis.2d 310 (1992)] we clearly stated that the proper procedure for an insurance company to follow when coverage is disputed is to request a bifurcated trial on the issues of coverage and liability and move ...

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00-3613 Sanghvi v. St. Catherine's Hospital, Inc.

“Triana’s interrogatory is evidence of racial discrimination, since it suggests that Triana believed that Dr. Sanghvi could have difficulty forming patient relationships with white women because of his race. However, all of the other facts, which are basically undisputed, point ...

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