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00-1392 State v. Green

“The court concluded that Green had failed to offer any factual showing that the counseling records could contain information that would show N.W.’s inability to perceive events, remember or testify. … “In light of the strong public policy favoring protection ...

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01-2827 In Re the Marriage of: Erickson v. Erickson

Dorothy Erickson appeals a judgment of divorce that awarded her $1,000 per month maintenance for twelve months from Michael Erickson. Dorothy argues that the maintenance award was an erroneous exercise of the circuit court’s discretion. We agree and reverse, remanding ...

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02-0052 City of New London v. Knaus

James Knaus appeals his conviction for operating a motor vehicle while intoxicated (OMVWI). We conclude that because Knaus stipulated to the admissibility of the result of a blood-alcohol test at his jury trial, he waived his right to challenge the ...

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01-521 Republican Party of Minnesota v. White

Under any definition of “impartiality,” the announce clause fails strict scrutiny. First, it is plain that the clause is not narrowly tailored to serve impartiality (or its appearance) in the traditional sense of the word, i.e., as a lack of ...

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00-1570-CR State v. Polashek

After two school staffers reported suspected abuse of a student, and the abuse was deemed unlikely by a social worker, defendant school superintendent wrote to the student’s parents attempting to explain the reporting requirements and naming the two staffers. The ...

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01-2690-CR State v. Jorgensen

Patty Jorgensen appeals a judgment of the circuit court finding her guilty of operating a motor vehicle while intoxicated, fourth offense. She also appeals an order denying her motion for postconviction relief. This opinion will not be published. Dist IV, ...

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00-1751 Zelman v. Simmons-Harris

“The instant program is one of true private choice, consistent with the Mueller line of cases, and thus constitutional. It is neutral in all respects towards religion, and is part of Ohio’s general and multifaceted undertaking to provide educational opportunities ...

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00-2916-CR State v. Davis

If the defendant’s expert testifies, either implicitly or explicitly, to facts surrounding the crime, the defendant may be compelled to submit to a psychological examination by a State-selected expert. In this case, involving defendant’s alleged repeated sexual assault of his ...

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01-518 BE&K Construction co. v. NLRB, et al.

The Board’s definition of a retaliatory suit as one brought with a motive to interfere with the exercise of protected NLRA º7 rights covers a substantial amount of genuine petitioning. For example, an employer’s suit to stop what the employer ...

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98-3107 In re the Commitment of Ronald G. Sorenson

“[I]f the recantation evidence satisfies the test in McCallum, any application of issue preclusion to exclude this evidence from Sorenson’s ch. 980 trial would be fundamentally unfair to Sorenson under the fifth standard set forth in Michelle T. Fundamental unfairness ...

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01-2205-CR State v. Bowers

David E. Bowers appeals from the judgment entered after he pled guilty to two counts of first-degree sexual assault of a child. Bowers also appeals from the order denying his motion to withdraw his guilty pleas. Bowers submits that the ...

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01-2756 JG Wentworth, SSC, v. Callahan, et al.

Despite a clear anti-assignment clause, Callahan assigned his future payments, obtained in a structured settlement of a products liability suit, to Settlement Capitol Corporation, which, in turn, assigned them to Wentworth. Wentworth challenges the anti-assignment clause; we affirm the circuit ...

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01-2997 Wiza v. Northland Insurance Co., et al.

Myron Wiza appeals from a judgment entered on a jury verdict that found him twenty percent contributorily negligent in a truck accident in which he was injured. The jury found the driver, Mary Hart, eighty percent causally negligent in the ...

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01-1238-CR State v. Lace

Leon J. Lace appeals from the judgment of conviction for possession of marijuana with intent to deliver, as a party to a crime, following a jury trial. He argues that the trial court erred in denying his suppression motion because: ...

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01-595 U.S. v. Ruiz

Although the Fifth and Sixth Amendments provide, as part of the Constitution’s “fair trial” guarantee, that defendants have the right to receive exculpatory impeachment material from prosecutors, see, e.g., Brady v. Maryland, 373 U.S. 83, 87, a defendant who pleads ...

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01-2560 B.B.C., L.L.C. v. Wolline

Lila May Wolline appeals from a judgment terminating her life estate in property owned by B.B.C. L.L.C. Because Wolline’s life estate was subject to terms set out in a settlement agreement between the parties and Wolline failed to comply with ...

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01-2781 Enea v. Linn, et al.

Even though Dr. Semler was not qualified to diagnose the child’s neurological injuries, Dr. Semler was qualified to testify about the cause of what the neonatologist identified as the child’s neurological damage. Wisconsin Stat. Rule 907.03. It would be readily ...

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01-682 Barnes v. Gorman

These sections are enforceable through private causes of action, whose remedies are coextensive with those available in a private action under Title VI of the Civil Rights Act of 1964. See sec. 203 of the ADA and sec. 505(a)(2) of ...

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01-1752 Northern Illinois Steel Supply Co. v. MSHA

“NIS drivers drove truckloads of steel to designated delivery points, loosened the restraints on the loads, and occasionally helped to rig the load. While the steel itself was fashioned by Vulcan into catwalks, handrails, and other structures that were vital ...

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01-2999 Fanello, et al. v. Weisenberger, et al. (57347)

David Fanello and Shelly Weeth appeal a summary judgment dismissing their negligence action against Trempealeau County and Sheriff Ralph Weisenberger. The trial court concluded that the County and sheriff are immune from suit under Wis. Stat. sec. 893.80(4). Fanello and ...

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01-2685-CR State v. Tiggs

John D. Tiggs, Jr. appeals from an order denying his motion to change a judgment of conviction to reflect his legal name, Akinbo Jihad Suru Hashim, rather than his given name. We hold that whether there is a positive right ...

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00-3091 O'Neal v. City of New Albany, et al.

“[T]he record demonstrates that Dr. Pope had concluded that O’Neal passed the baseline statewide medical examination, and the defendants knew it. Dr. Pope checked the ‘no’ box next to each baseline condition listed in O’Neal’s 1977 fund application and signed ...

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