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00-1567 Young v. United States

Congress is presumed to draft limitations periods in light of the principle that such periods are customarily subject to equitable tolling unless tolling would be inconsistent with statutory text. Tolling is appropriate here. Petitioners’ Chapter 13 petition erected an automatic ...

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00-568 New York v. FERC

New York insists that retail transactions are subject only to state regulation, but the electric industry has changed since the FPA was enacted, at which time the electricity universe was neatly divided into spheres of retail versus wholesale sales. The ...

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01-2784-FT Meyer v. Schmitz, et al.

Steve and Jane Meyer appeal an order dismissing Rural Insurance Company from this action. The issues are whether: (1) the insurer established on summary judgment that its policy did not provide coverage, and (2) there is a dispute of material ...

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00-973 United States v. Vonn

Relying on the canon that expressing one item of a commonly associated group or series excludes another left unmentioned, Vonn claims that Rule 11(h)’s specification of harmless-error review shows an intent to exclude the plain-error standard with which harmless error ...

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01-1910 Israel, et al. v. U.S.D.A.

“[T]he Agreement provides for 50% recapture of appreciation on whichever of the following dates occurs first: the Agreement’s expiration on September 14, 1999, the date plaintiffs pay the loan in full, the date the plaintiffs cease farming, or the date ...

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01-2081 Thielman v. Leean, et al.

“Just as Sandin dealt with prison regulations, it also dealt with a prison and a prisoner. Although the WRC, in part, houses correctional inmates, it cannot be termed a prison with regard to Chapter 980 patients. The entire premise of ...

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01-1356 Outagamie County v. McGlone

Martin McGlone appeals an order remanding him to the custody of the Outagamie County Sheriff to serve jail time of 1,160 days for failure to pay forfeitures. McGlone argues that his right to due process was violated because the court ...

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01-1460 Delgado v. Jones, et al.

“On the facts of this complaint, Delgado had information about criminal activity that potentially involved an immediate relative of an elected official, who also happened to be a close personal friend of Chief Jones. Fully divulging this information to his ...

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01-2581-FT Eckendorf v. Austin

Josephine Eckendorf appeals a judgment that declares the interest of herself and her neighbors in an easement. This matter returns to this court following a reversal and remand. Eckendorf argues that (1) there is no language in the easement that ...

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01-3673 Beth B. v. Van Clay

“When her peers worked on mathematics, she was exposed to various numbers. When the class studied meteorology and weather patterns, she looked at pictures of clouds. Beth cannot participate in class discussion or lectures. “We find it unnecessary at this ...

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01-2935 Martinez-Camargo v. INS

“In this case, there can be no question that Officer’s Suchy’s actions did not impact Martinez-Camargo’s substantive rights. Martinez-Camargo’s primary complaint – indeed, his only complaint – is that Officer Suchy both arrested and examined him. Martinez-Camargo must therefore demonstrate ...

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01-1402 State v. Thornton

William H. Thornton, Jr. appeals from orders denying his Wis. Stat. sec. 974.06 motion, seeking dismissal of his penalty enhancer convictions based on State v. Peete, 185 Wis.2d 4, 517 N.W.2d 149 (1994) (holding state must prove nexus between underlying ...

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01-1203 U.S. v. Inglese

“In the present case, the record is replete with evidence for the jury to conclude that both Inglese and Baumhardt were deliberately ignorant. For example, Officers Kelly and McClain both testified that they told Inglese and Baumhardt that Officer McClain ...

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01-0867-CR State v. Howard

Chris Howard appeals orders denying his motions for sentence modification and reconsideration. Howard claims the State failed to present sufficient evidence to prove that he was a repeater and that defense counsel performed ineffectively by failing to bring the omission ...

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01-1467 State v. Venturedyne Ltd.

Venturedyne Ltd. appeals from an order finding it in contempt for violation of its obligation under a stipulation to construct an impermeable cap for a large industrial waste disposal site. Venturedyne claims: (1) the trial court erred in making the ...

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01-0988-CR State v. White Eagle

Larry White Eagle appeals a judgment convicting him of first-degree sexual assault of a child. He claims the trial court should have allowed him to withdraw his guilty plea prior to the imposition of his sentence. We disagree and affirm. ...

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01-0355-CR State v. Dion

Ronald Dion appeals from a set of judgments convicting him of burglary, aggravated battery, and two counts of interfering with the custody of the other parent. Dion challenges the trial court’s exclusion of a prior consistent statement he made to ...

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01-1500 State v. Dantzler

Jermaine V. Dantzler appeals from a judgment entered on a jury verdict convicting him of one count of first-degree reckless homicide. He also appeals from an order denying his postconviction motion. Dantzler claims that he is entitled to a new ...

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99-2189 State v. Dunlap

“In the present case, the acts that Dunlap seeks to admit are not even close to the type of act he is accused of committing. Dunlap is alleged to have committed an act of finger-to-vagina sexual contact with possible digital ...

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