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01-0967-CR State v. Taylor

William D. Taylor appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Taylor received ineffective assistance of trial counsel. Because Taylor failed to provide the testimony of trial counsel, we conclude that he waived all issues relating to ineffective assistance of counsel. Consequently, we affirm ...

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99-2446 State ex rel. William E. Marberry v. Macht, Superintendent, Wisconsin Resource Center

“A Wis. Stat. ch. 980 committed person’s liberty hinges upon this initial reexamination. Because of the significance of this initial reexamination and because such a reexamination is fundamental to securing other essential rights granted by ch. 980, we must conclude that the six-month time period for an initial reexamination is mandatory…. Here, DHFS took nearly two years to provide Marberry ...

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01-2237-CR State v. Moffett

Warren A. Moffett appeals from a judgment of conviction entered after a jury found him guilty of three counts of second-degree sexual assault of a child. Moffett also appeals from an order denying his postconviction motion for a new trial. Moffett claims that he is entitled to an evidentiary hearing because his trial counsel was ineffective when counsel: (1) failed ...

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01-2493 Schmidt v. Wisconsin O'Connor Corporation

David Schmidt and Shelby Williams (collectively, Schmidt) appeal from a circuit court order dismissing their postjudgment motion to reconsider a Wis. Stat. ch. 799 small claims judgment based on a court commissioner’s decision that denied them double damages and attorney’s fees pursuant to Wis. Stat. sec. 100.20(5). The circuit court determined that in small claims actions the law contemplates a ...

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01-2864 Ptacek, et al. v. Minnesota Fire and Casualty Company, et al.

Brook Ptacek appeals an order dismissing her personal injury claim against Minnesota Fire and Casualty Company, Jeremy Fleming, Charles Hill, Matthew Marek and Matthew Wolf for failure to prosecute. Ptacek argues that: (1) the circuit court erroneously exercised its discretion by failing to determine whether Ptacek’s conduct was egregious; and (2) she was denied due process because she had no ...

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01-1250 Bentz v. Mosling

Michael Mosling appeals a judgment dismissing his counterclaim against Jane Bentz for her alleged misrepresentation in the sale of a dental practice. Mosling claims that during the parties’ negotiation over the purchase price, Bentz misrepresented the number of prepaid patients to whom he would be rendering uncompensated services following the closing. The circuit court, relying on the “sham affidavit” rule, ...

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01-2149 In re: Edwin R. Smith

“In an oral ruling, the court modified the Plan and then confirmed it. The court did so after stating that he ‘closely scrutinizes these cases to determine whether there – the plan is proposed in good faith.’ Bankr. Tr. at 75. The court was satisfied that Mr. Smith’s disclosures were accurate and that his pre-petition conduct did not warrant denial ...

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01-2186 Hoey Outdoor Advertising Inc. v. Ricci

Ted Ricci appeals from a judgment in favor of Hoey Outdoor Advertising, Inc., that determined Hoey’s lease of a billboard on Ricci’s property is valid and enforceable. The judgment also requires Ricci to pay Hoey damages for cutting down the billboard and interfering with Hoey’s relationship with the company that advertises on the billboard. Finally, the judgment requires Ricci to ...

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00-4196 Mitchell v. Donchin, et al.

“Rappaport told Mitchell that other people had made the decision to terminate the funding for Oasis Graphics Arts and that he thought that Felner was the motivating force behind the decision. Additionally, Rappaport told Mitchell that he strongly opposed terminating the funding for Oasis Graphic Arts. In Singletary v. Continental Illinois National Bank and Trust Company of Chicago, 9 F.3d ...

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01-0553 The Estate of Katrina L. Lynch v. Kane, et al.

The estate of Katrina L. Lynch and her parents, Kristin and Kenneth Lynch, appeal from a judgment, entered upon a jury’s verdict, dismissing their wrongful death claim against Carol Kane and her insurer, West Bend Mutual Insurance Company. The Lynches argue that the trial court erred by denying their motion in limine to exclude what they claim was impermissible character ...

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01-2395 Ienco v. City of Chicago

“In [Newsome v. McCabe, 256 F.3d 747 (7th Cir. 2001)], we withdrew dicta in four of our previous opinions – which had each been understood to permit Section 1983 malicious prosecution claims but bar similar claims asserting that defendants’ actions violated due process rights. Newsome clarified the proper analysis, by holding that Section 1983 provides a remedy for certain forms ...

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01-1881 In Re the Marriage of: Kettner v. Kettner

Jeffrey Kettner appeals the order dismissing his motion for modification of the physical placement of his son, Scott Kettner. He argues that the trial court erroneously exercised its discretion when it denied his request for an update of the psychological examinations completed several years earlier on him, his former wife, and son, and when it refused to permit him to ...

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01-2520 Atwell v. Lisle Park District

“It is doubtful that estoppel could ever bring a case in which there was no violation of the Constitution into federal court under 42 U.S.C. sec. 1983, the statute under which Atwell sued, which creates a remedy for violations of federal rights under color of state law. Atwell had no federal right, whatever the Park District may have told her. ...

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02-0264 In re the Termination of Parental Rights to Cherokee W.D.: Brown County Department of Human Services v. Randy C.

Randy C. appeals an order terminating his parental rights to his son, Cherokee W.D. Randy argues that the County did not present sufficient evidence because: (1) he could not assume parental responsibilities when he had no knowledge of Cherokee’s existence; and (2) it was unfair to require him to comply with the CHIPS orders because he was incarcerated. We disagree ...

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00-4155 Purze v. Village of Winthrop Harbor

“[T]he Purzes claim that the property directly east of their property, the Oaks, used cul-de-sacs that do not conform to the Subdivision Code and has a block measuring in excess of 1,300 feet in violation of the Subdivision Code. The Purzes, however, cannot establish their prima facie case by referring to a development with variances from the Subdivision Code of ...

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01-1760-CR State v. Culver

Kurt G. Culver appeals from a judgment of conviction for possession with intent to deliver marijuana (500 grams or less) and an order denying his motion for postconviction relief. Culver argues that he received ineffective assistance of counsel when his trial attorney failed to request the submission of a lesser-included offense. We conclude that the trial court’s findings about trial ...

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01-0537 In Re the Commitment of Allan Lloyd Waldo: State v. Waldo

Allan Lloyd Waldo appeals from a judgment and an order committing him to the custody of the Department of Health and Social Services (DHSS) for treatment until he is no longer a sexually violent person. Waldo argues that the Wis. Stat. ch. 980 (1995-96) petition was not timely filed. Because the State did timely file the ch. 980 petition within ...

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01-2233-CR State v. Cosby

Jade Lamont Cosby, pro se, appeals from a judgment of conviction, entered after his probation was revoked, for the delivery of a controlled substance-cocaine. He also appeals from an order denying his postconviction motion for resentencing. Cosby claims that: (1) his trial counsel was ineffective because his counsel failed to ensure that the trial court sentenced Cosby based upon true ...

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01-2820 Department of Natural Resources v. Bowden

“The DNR did not charge Bowden with trespassing, it charged him with operating a motor vehicle in an unauthorized area. Therefore, Wis. Stat. § 59.73(2) simply does not apply. The statute grants surveyors only a right of access. It does not give a surveyor the right to bring a vehicle of his or her choice onto park trails. Following Bowden’s ...

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01-1844 State v. Sicard

Jason M. Sicard has appealed from an order denying a postconviction motion filed by him and from an order denying his motion for reconsideration. We affirm the orders. This opinion will not be published. Dist II, Winnebago County, Schmidt, J., Per Curiam Attorneys: For Appellant: Jason Sicard, Hudson For Respondent: Joseph F. Paulus, Oshkosh; Eileen W. Pray, Madison

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01-0901 Sills, et al. v. Walworth County Land Management

This is so because we conclude that promotion of the general welfare, one of the stated purposes of the Walworth County Shoreland Zoning Ordinance, encompasses the preservation of historical sites. Therefore, preservation is a valid criterion the committee may use in evaluating a CUP application and we reject the neighbors’ contrary argument. “[W]e are persuaded that the general welfare is ...

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01-835 Sao Paulo State of the Federative Republic of Brazil v. American Tobacco Co., Inc., et al.

The Fifth Circuit’s decision is inconsistent with Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847 (1988), which stated that §455(a) requires judicial recusal “if a reasonable person, KNOWING ALL THE CIRCUMSTANCES, would expect that the judge would have actual knowledge” of his interest or bias in the case. 486 U.S., at 861 (internal quotation marks omitted and emphasis added). ...

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01-1873 State v. Polak

“We place particular emphasis on the written waiver of counsel form, used in conjunction with the oral colloquy, because that form unequivocally states Polak’s awareness of the assistance an attorney could provide and that an attorney might discover helpful things unknown to Polak. In addition, the form states that an attorney might be able to get the charge reduced, which ...

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01-2430 Chestnut, et al. v. Hall, et al.

“The appellants also assert that they twice argued the substantive problems they had with the law ultimately set forth in Final Instruction 23 during the presentation of evidence. The assertion that these evidentiary arguments serve as or excuse a formal Rule 51 objection does not bar waiver in this case. A party may be excused from complying with the formalities ...

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01-2148 State v. Morgan

“We conclude that Morgan was in custody when he was questioned by Officer Whyte, and therefore Miranda warnings were required to safeguard his privilege against self-incrimination. Because Morgan did not receive Miranda warnings prior to responding to Officer Whyte’s question, his statement in response must be suppressed. Because it was not suppressed, we reverse and remand for a new trial.” ...

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01-1559 Higgs v. Carver

“[W]e cannot determine from the record whether Higgs was placed in lockdown segregation for preventive purposes or as punishment. The statement of the jail authorities that we quoted is the only evidence, apart from the unexplained length of his detention; there is no evidence on why 34 days rather than 24 or 44. And the statement is ambiguous; its wording ...

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01-2387-FT Ruperd v. Ruperd

Sharon L. Ruperd appeals from that portion of the judgment of divorce which divided the parties’ property. She argues that the court improperly determined the value of the parties’ house as of the time they separated, and that the court erred when it did not award her any interest in Arshel G. Ruperd’s pension. We conclude that the court did ...

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01-2242 Butera v. Cottey

“Butera did not even disclose in general terms that he was afraid of being assaulted. In fact, prior to summary judgment, Butera conceded that ‘prior to the assault on January 6, 1997, [he] did not report to Jack Cottey (“Cottey”) or to any personnel at the Marion County Jail that he had been threatened or assaulted in cell block 2-I.’ ...

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