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00-2854 Tezak v. U.S.

“[C]onflicting testimony was presented about the filing of an appeal. The district court did not credit Casey’s deposition testimony, which the court stated indicated a bias against Popuch on Casey’s part due to the check forgery. Also, given Tezak’s vocal ...

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99-1069 Neff v. Pierzina

“[T]he determination whether an insurer has been prejudiced by the lack of timely notice is essentially a question of fact. The fact finder’s determination should not be set aside unless it is clearly erroneous. Wis. Stat. sec. 805.17(2). Wisconsin Stat. ...

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98-2595-CR State v. Eason

“In the 17 years since Leon became law, there is no evidence here, and none has been offered, that the good faith exception has given rise to increased police abuse or oppression… [W]e find that Article I, Section 11 of ...

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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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00-1281 Carroll v. DeTella

“The record establishes that the presence of lead in the water is due to the corrosion of the water pipes, which are made of lead that dissolves in the water – but only when the water is still, as it ...

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98-3002, 98-3300 Brunson v. Ward

“Brunson and Progressive contracted for $25,000 of UIM insurance, and Brunson paid a premium for that amount of coverage. However, Wis. Stat. sec. 632.32(4m)(d), in effect at the time Brunson purchased his policy, required UIM coverage of at least $50,000. ...

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99-1052 Danner v. Auto-Owners Insurance

“The duty of good faith and fair dealing is implied in the insurance contract. We interpret insurance contracts to meet the reasonable expectation of the insured. Therefore, we conclude that the correct view is that the duty of good faith ...

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99-3023 Hoffman v. Caterpillar, Inc.

“Viewing the evidence in the light most favorable to Hoffman, we find that there is an issue of fact as to whether Hoffman would be able to operate the high-speed scanner. Because “Congress perceived that employers were basing employment decisions ...

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00-4144 Schaffner v. Glencoe Park District

“It is undisputed that the job posting required the applicant to hold one of several specific types of bachelor’s degrees: Education, Recreation or Social Work. Schaffner does not hold such a degree; rather, she had a bachelor’s degree in English. ...

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