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01-3750, 01-3751 U.S. v. Crum

“The Crums rely on an alleged distinction between the ‘Treasury Department’ and the ‘Department of the Treasury.’ They assert that the ‘Treasury Department’ and the ‘Department of the Treasury’ are ‘distinct statutory entities, each with a separate identity, history, stature, ...

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00-1680 State v. Jennings

“The Supreme Court’s decision in Davis means that Wentela and [State v.] Walkowiak, [183 Wis.2d 478 (1994] are no longer valid as a matter of Fifth Amendment law, and we therefore overrule them. We also decline, in this instance, to ...

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01-1979 Wisconsin Seafood Inc. v. Fisher

Order affirmed. Recommended for publication in the official reports. DISSENTING OPINION: Hoover, P.J. “While I appreciate the trial court’s and the majority’s rationale, I would hold that Wisconsin Seafood was the prevailing party in the arbitration proceeding. I therefore respectfully ...

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01-3384 U.S. v. Tully, et al.

“The claimants’ Notices of Claims requested that ‘their interests [i.e., alleged equitable liens] in this cause be protected by the [district court].’ However, at the time they filed this collective notice no such ‘interests’ had yet been established. Thus, while ...

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02-0022 Laska v. Laska

“Although the signature need not be handwritten, the term ‘subscribed’ cannot be read to dispense altogether with a written indication of assent. To give such an expansive meaning to the term would frustrate the purpose of the statute, which is ...

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01-1254 Palumbo, et al. v. Kidder, et al.

Brian Kidder appeals and Karin Palumbo cross-appeals a judgment awarding Palumbo damages for injuries she suffered in a traffic accident. Kidder argues that the trial court should have granted his motion to change the $120,000 award for future loss of ...

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01-344 Thompson v. Western States Medical Center

The Government asserts that three substantial interests underlie the FDAMA: (1) preserving the effectiveness and integrity of the FDCA’s new drug approval process and the protection of the public health it provides; (2) preserving the availability of compounded drugs for ...

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01-3099 U.S. v. Knox

“Defendants are entitled to competent appellate representation. Good advocates do not raise every non-frivolous legal issue. Counsel’s duty is to present those contentions that promote the client’s interest. Sometimes a litigant may want to take a potentially injurious step, and ...

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01-1393 State v. Franszczak

“The flaw in Franszczak’s argument lies in his assumption that the evidence was exculpatory when it was in the possession of the crime lab. When the evidence was seized and submitted to the crime lab, the State did not know ...

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00-1250 U.S. Airways, Inc. v. Barnet

“The question is whether a proposed accommodation that would normally be reasonable is rendered unreasonable because the assignment would violate a seniority system’s rules. Ordinarily the answer is ‘yes.’ The statute does not require proof on a case-by-case basis that ...

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01-2933, 01-2934 U.S. v. Anderson

“Anderson claims that the district judge should have held a hearing to determine whether Hoffeditz had, in fact, breached confidences that made their way to the feds… Judge Gilbert was well within his discretion to deny a hearing. Anderson’s argument ...

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01-2126 State v. Konkol

“To put it bluntly, the defense takes its chances when offering a theory of defense and the State can keep knowledge of its legitimate rebuttal witnesses from the defendant without violating sec. 971.23(1)(d). … “Sound policy reasons support our holding ...

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00-4032 Moffat v. Broyles

“This is not to say that a prisoner must articulate legal arguments with the precision of a lawyer – though even lawyers need not do much more than hint at a federal theory. See Verdin v. O’Leary, 972 F.2d 1467 ...

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01-2785-CR State v. George

Eric R. George appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. George brought a motion for postconviction relief asking for a new trial on the same two grounds he raises ...

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01-1993 State v. Miller

[See, for example, United States v. Place, 462 U.S. 696 (1983) and State v. Garcia, 195 Wis. 2d 68 (Ct. App. 1995)]. “Although Place’s actual holding specifically addressed only sniffs of luggage in an airport, the logic of Place-that dog ...

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01-2248-CR State v. Glass

Keith A. Glass appeals from the judgment of conviction entered after a jury convicted him of armed robbery, party to a crime. Glass claims: (1) because the photographic array used to identify him was impermissibly suggestive and unreliable under the ...

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01-0872 Elkins v. Schmeider

Michael S. Elkins appeals from an order of the circuit court dismissing his claim for alienation of affection against Shawn B. Schneider. On appeal, Elkins argues that the circuit court erred when it denied his requests for substitution of a ...

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01-1774 State v. Schmidt

Robert O. Schmidt appeals from an order denying his Wis. Stat. sec. 974.06 (1999-2000) motion. We affirm. This opinion will not be published. Dist II, Kenosha County, Schroeder, J., Per Curiam Attorneys: For Appellant: Kathleen M. Quinn, Milwaukee For Respondent: ...

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01-2918 Land Trust Management v. Williams

Land Trust Management appeals from the trial court’s order dismissing its eviction action because its trustee, who is not a lawyer, could not commence or prosecute an action on its behalf in small claims court. The respondents, Ron and Christine ...

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01-1625 State v. Thompson

Jeffrey L. Thompson appeals, pro se, an order of the trial court denying his motion for postconviction relief. We affirm. This opinion will not be published. Dist IV, Rock County, Roethe, J., Lundsten, J. Attorneys: For Appellant: Jeffrey L. Thompson, ...

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