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01-2748 Matis v. Labor and Industry Review Commission, et al.

Harold Matis appeals a judgment affirming a decision of the Labor and Industry Review Commission that rejected his claim that he was terminated from Purpose Extruded Aluminum (PEACO) because of his age. He argues that the trial court should have taken judicial notice of a work sharing agreement between the United States Equal Employment Opportunity Commission and the Equal Rights ...

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01-1631-CR State v. Duchay

Darla Rae Duchay appeals a judgment convicting her of two counts of forgery-uttering, one count as a habitual criminal. She also appeals the order denying her motion for postconviction relief. Duchay argues that the circuit court: (1) violated her due process rights by relying on inaccurate information in imposing sentence; (2) erred by imposing unreasonable conditions of probation and extended ...

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01-2720 U.S. v. Cross

“[S]taring at a criminal with numerous opportunities for but no record of rehabilitation, Judge Kocoras, a most capable veteran jurist, simply imposed the longest sentence statutorily possible in order to achieve the maximum incapacitation possible. Instead of trying to translate this into guideline gobbledygook about offense levels, he commendably admitted: ‘And, so, while I am told by the guideline manuals ...

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00-3324 State ex rel. Schatz v. McCaughtry

Gary McCaughtry appeals from an order reversing a prison disciplinary decision against Leslie Schatz. On all but one of Schatz’s challenges to the decision, we conclude the adjustment committee did not err; on the remaining issue regarding timely receipt of the repair documentation, we conclude any error was harmless. We therefore reverse. This opinion will not be published. Dist IV, ...

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01-2256-CR State v. Fisher

Shelly Fisher appeals her judgments of conviction for first-degree recklessly endangering safety and battery, each committed with a dangerous weapon and as domestic abuse. She also appeals an order denying her postconviction motion to withdraw her no contest pleas or, alternatively, to have the court impose the sentences jointly recommended by the parties. Fisher claims the trial court erroneously exercised ...

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00-1638 State v. DeLao

“Having examined the scope of the prosecutor’s obligation under the statute and the statutory phrase ‘plans to use in the course of the trial,’ we turn to an application of § 971.23(1)(b) to the facts of this case. The issue becomes whether a reasonable prosecutor, exercising due diligence, should have known of DeLao’s statements before trial, and if so, whether ...

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01-2386 State ex rel. Kaufman v. Litscher

Roger L. Kaufman appeals an order of the circuit court dismissing his request for relief. Kaufman filed a “Motion for Declaratory Judgment Upon Writ of Certiorari” requesting various forms of relief related to his record from Corrections Corporation of America, Whiteville, Tennessee (“CCAW”), and his placement in administrative confinement. We agree with the circuit court that Kaufman’s motion failed to ...

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00-2199 In Re the Commitment of Sheldon K. Miller: State v. Miller

Sheldon Miller appeals an order committing him as a sexually violent person under Wis. Stat. ch. 980, and a later order denying his motion alleging ineffective assistance of counsel. The issues are whether his trial counsel was ineffective and whether the court erred in certain evidentiary rulings. We affirm. This opinion will not be published. Dist IV, La Crosse County, ...

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00-2830 State v. St. George

We agree with the defendant that the trial court erroneously exercised its discretion in excluding the testimony of defendant’s expert witness about the child victim’s recantation and interview techniques used by the State’s expert because the exclusion of such testimony effectively denied the defendant his constitutional right to present a defense. “[B]ecause Dr. Stonefeld’s testimony was designed to undermine the ...

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01-2120 State ex rel. Harr v. Bertrand, et al.

Daniel Harr, an inmate at Green Bay Correctional Institution, appeals the trial court’s order dismissing his petition for certiorari review of the adjustment committee’s decision that he made a threat in violation of Wis. Admin. Code sec. DOC 303.16 (Register, June, 1994, No. 462). He raises three challenges to the decision: (1) the adjustment committee violated his right to be ...

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00-4206, 00-4264 to 00-4266 In re Brand Name

“The theory is that the wholesalers joined the manufacturers’ conspiracy. And of that there is too little evidence to permit a reasonable jury to infer the wholesalers’ guilt. There is first of all no evidence that the wholesalers knew that the manufacturers’ price discrimination was collusive rather than individual. To argue that because the uniform refusal to grant discounts even ...

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01-0784 Conway v. International Assoc. of Firefighters, Local 311 v. Board of Police and Fire Commissioners, City of Madison (57118)

“Rule 7.20 does not, as Conway appears to contend, delegate to the hearing examiner the duty to make the ‘just cause’ determination or the appropriate disposition. Under Rule 7.20 the hearing examiner is required to provide to the board a comprehensive report, including an evaluation of witness credibility and demeanor, and recommendations for disposition of the matter. In addition, the ...

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01-1855 Plantico, et al. v. Froedtert Memorial Lutheran Hospital, et al.

Patricia Plantico’s Estate appeals from a judgment entered on a jury verdict dismissing its medical malpractice claim against Dennis Maiman, M.D., and the Medical College of Wisconsin. Plantico’s Estate claims that the trial court erred when it denied the Estate’s motions after the verdict because the jury verdict was not supported by any credible evidence. The Estate also claims that ...

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02-1482 Lucini Italia Company v. Giuseppe Grappolini and Grappolini G.S.R.L.

“The district court cited two facts to support its finding of mootness: Grappolini’s agreement to maintain the status quo, and the parties’ efforts to settle the case. However, even accepting these assertions as true, they fail to demonstrate that no reasonable chance exists that Grappolini will sell flavored oils or that he will apply the trade secret information misappropriated from ...

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01-0784 Conway v. International Assoc. of Firefighters, Local 311 v. Board of Police and Fire Commissioners, City of Madison (57119)

“Rule 7.20 does not, as Conway appears to contend, delegate to the hearing examiner the duty to make the ‘just cause’ determination or the appropriate disposition. Under Rule 7.20 the hearing examiner is required to provide to the board a comprehensive report, including an evaluation of witness credibility and demeanor, and recommendations for disposition of the matter. In addition, the ...

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01-2042 State ex. Rel. Odis Purifoy v. Malone, et al.

“We agree with the respondents that certiorari review is the appropriate procedural device. … When Purifoy filed his petition, he was not asserting that he was then being illegally restrained. Rather, he was seeking review of Morgan’s decision rescinding his grant of parole effective on or after November 19, 2001, and refusing to grant him a hearing.” However, we hold ...

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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 in this appeal. George argues that the circuit court erred when it prevented him from offering certain testimony, and when ...

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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 (7th Cir. 1992). If Moffat had expressed disgruntlement about the generic reason, that would have been sufficient whether or not ...

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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 sniffs reveal only illegal conduct so they intrude on no legitimate privacy interest-would apply equally in any setting. Even if ...

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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 totality of the circumstances, evidence regarding this identification procedure should have been excluded; and (2) the evidence was insufficient as ...

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01-3169 Thomas v. General Motors Acceptance Corp., et al.

“The judge found that the plaintiff had lied on the application for leave to proceed in forma pauperis. That was a finding of pure fact. But the judge went on to find that the plaintiff’s lie was so egregious that the sanction of dismissal with prejudice was appropriate. That was a classic judgmental ruling. Our review of the first finding ...

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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 court commissioner and for a trial by jury. He also asserts that the circuit court erred when it dismissed his ...

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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: Robert J. Jambois, Kenosha; Diane M. Welsh, Madison

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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 Williams, have failed to file a brief. The trust argues that its full-time authorized employee can commence and prosecute or ...

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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, Sayre, OK For Respondent: Raymond L. Jablonski, Janesville

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01-2616 Radtke v. Levin

In these consolidated small claims cases, Mathew E. Levin appeals from the judgments, following a bench trial, in favor of Shawn M. Radtke. Levin argues: (1) the trial court erred in denying his motion to change venue to Dodge County; (2) the trial court incorrectly dismissed his counterclaims; and (3) the trial court erroneously exercised discretion in reaching its credibility ...

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01-2672-CR State v. Davis

Donald R. Davis appeals from a judgment of conviction after a jury found him guilty of one count of knowingly violating a domestic abuse injunction order. Davis also appeals from an order denying his postconviction motion. He claims that he received ineffective assistance of trial counsel and therefore should be granted a new trial. Because Davis did not meet the ...

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01-2361 Walker v. Thompson, et al.

“Of course, if it became apparent in the course of the litigation that there was no overt act, the plaintiff’s suit would have to be dismissed; but a failure of proof is not a failure to state a claim. The plaintiff attached to his brief in this court a document claiming that there was indeed an overt act, namely a ...

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