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01-1928 Acker v. EPA

"As a practical matter, the order has no legal force except to impose upon Acker the already-existing burden of complying with the CAA and its implementing regulations. ... The order did not impose upon Acker any sanction or administrative penalty. ... Without any practical, legal effect, there simply is no issue fit for judicial resolution. ... Subscribe Login Digital and ...

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01-3471, 01-3472, 01-3473, 01-3474, 01-3475, 01-3476, 01-3477, 01-3478, 01-3479, 01-3480, 01-3481, 01-3482, 01-3483, 01-3484, 01-3485, 01-3486, 01-3487, 01-3488, 01-3489, 01-3490 Village of Trempealeau v. Mikrut

Mike Mikrut appeals a judgment finding him guilty of violating Village of Trempealeau, Wis., Ordinances secs. 8-4-8, 9-1-1, and 10-1-28(d) (2000), relating to the storage of junk vehicles and operation of junk and salvage yards. The trial court imposed a forfeiture of $1,532 for the violation of each ordinance resulting in forfeitures of $459 per ... Subscribe Login Digital and ...

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01-2887 NLRB v. River City Elevator Company, Inc.

"In this case, the NLRB hearing officer, whose findings were subsequently adopted by the Board, determined that no election violation had occurred because the benefits the Union extended to River City employees were not conditioned upon their support of the Union. This finding fails to consider the fact that the 'gift' in this case was ... Subscribe Login Digital and ...

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01-1470 Steinle v. Steinle, et al.

Ruby Reinhardt and her husband, Christopher Reinhardt, appeal a judgment which determined that several living trust documents and a will prepared by Christopher Reinhardt and executed by Ruby's brother, Chris Steinle, were invalid due to undue influence. Assuming that the estate planning documents were otherwise valid, the Reinhardts further claim that a certificate of deposit ... Subscribe Login Digital and ...

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00-4205 U.S. v. Trennell

"Here the alleged Apprendi error occurred not at sentencing, as the jury found drug quantity beyond a reasonable doubt, but only at the indictment stage. Therefore, in order for us to find an Apprendi violation, we would have to find that the failure alone of the indictment to state drug quantities that the prosecutor seeks ... Subscribe Login Digital and ...

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01-3379-CR State v. Kennedy

Antoinette Kennedy appeals from a judgment entered after she pled no contest to one count of theftmovable property. She also appeals from an order denying her postconviction motion requesting that her judgment be vacated. Kennedy claims the trial court erroneously exercised its sentencing discretion by imposing an unduly harsh sentence, and that the trial court ... Subscribe Login Digital and ...

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01-3496 U.S. v. Johnson

"Although this case presents a close question, we believe that the factual record before the state court judge was sufficient to support a finding of probable cause and the issuance of the search warrant. It is true that the CI did not provide the level of specificity and detail that would have removed all ambiguity ... Subscribe Login Digital and ...

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

"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 ... Subscribe Login Digital and ...

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01-1335 Trevino v. Ladd & Milaeger, et al.

Armando Trevino claims that the trial court erred when it granted summary judgment dismissing his legal malpractice action against his criminal defense attorney. We affirm because Trevino has failed to allege in his complaint or present evidence in opposition to the motion for summary judgment that he is actually innocent of the criminal charge of ... Subscribe Login Digital and ...

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00-4261 Simmons v. Chicago Board of Education

"Despite Simmons's continued insistence that he had to approve trades as a fiscal duty to the Board, the Investment Policy is clear that it is Gotsch as chief fiscal officer, and not Simmons, who has ultimate investment authority. Gotsch was perfectly within his rights to determine that Simmons's approval of individual trades was both unnecessary ... Subscribe Login Digital and ...

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01-2567 Bill's Distributing, Ltd. v. Cormican et al

"This escalating liability for greater culpability builds on the general right to sue for timber trespass and defines new rights, defenses and obligations under the statute. We therefore conclude that the amended statute is substantively different."However, plaintiff correctly notes that sec. 26.09 is not his exclusive remedy. He can also pursue common-law trespass, nuisance and ... Subscribe Login Digital and ...

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01-2036 Kmiec v. Vielehr, et al.

Phillip Kmiec and Diana Kmiec (hereinafter the Kmiecs) appeal from the judgment dismissing their trespass claim against Byron C. Vielehr. The judgment followed a jury verdict finding that Vielehr had not trespassed on the Kmiecs' property. The issues on appeal are whether the circuit court properly denied the Kmiecs' motion for summary judgment, whether the ... Subscribe Login Digital and ...

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00-4309 Dvorak v. Mostardi Platt Associates, Inc.

"Dvorak has tried to ... show that he did not misuse the laptop, and that he was doing a good job. But that evidence is unresponsive to the issue at hand. Dvorak needed to show instead that the decisionmakers at Mostardi-Platt did not believe that he had misused the computer and were lying when they ... Subscribe Login Digital and ...

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01-1091 Dobbratz Trucking & Excavating, Inc. v. PACCAR, Inc. and Kenwirth Truck Co.

"John Jewell, Dobbratz's mechanical expert who ran tests on the truck, testified that he had 'never seen another dump truck not be able to steer when stationary on concrete' and that the truck's steering problems were 'consistent with a malfunction.' Further, Richard Sedgley, a civil engineer employed by Kenworth, testified that a dump truck with ... Subscribe Login Digital and ...

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01-3167-FT Berg, et al. v. Cauley, et al.

Loyal L. Berg and Cheryl A. Berg appeal from the judgment dismissing their complaint against Dr. James E. Cauley for medical malpractice. The issue on appeal is whether the trial court erred when it refused to grant the Bergs' motion for a new trial. Because we conclude that the trial court did not err, we ... Subscribe Login Digital and ...

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01-2255 Wells v. Unisource Worldwide, Inc.

"Despite its concession that Wells had established a prima facie case, Unisource did come forward with two legitimate, non-discriminatory reasons for its action. Unisource argued that it realigned the credit administrator positions in order to facilitate communication between its credit department and its sales department offices located in Appleton and New Berlin, Wisconsin, and secondly ... Subscribe Login Digital and ...

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01-0680-CR State v. Toles

William Ray Toles appeals a judgment of conviction. The issues relate to whether his statement to police should have been suppressed. We affirm. This opinion will not be published.Dist IV, Rock County, Roethe, J., Per CuriamAttorneys:For Appellant: Patricia A. Fitzgerald, Mt. HorebFor Respondent: Jeffrey M. Gabrysiak, Madison; Jodi D. Bollendorf, Janesville Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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01-1293 Cerros v. Steel Technologies, Inc.

"The district court acknowledged that it had to consider the totality of the circumstances, but its findings of fact fell short of what Harris, Oncale, and Breeden require; moreover, its ultimate conclusion does not seem to have taken into account the underlying facts it found earlier in the opinion. In terms of omissions, we do ... Subscribe Login Digital and ...

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01-1404 Kohlbeck d/b/a Dunbars Bear Necessities v. Reliance Construction Co. and Department of Transportation

"[T]he Kohlbecks were not required to specify exactly what their request for injunctive relief would entail. It is sufficient that they 'state[d] a cause of action and ... fairly inform[ed] the opposite party of what it [was] called upon to meet by alleging specific acts.'..."Because both legal and equitable remedies are made available, but the ... Subscribe Login Digital and ...

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01-2617-CR State v. Lowery

Ontario Lowery appeals from a judgment of conviction for one count of delivering cocaine and two counts of bail jumping. He argues that it was plain error to admit testimony that Lowery had sold cocaine in the past. Because we conclude that the real controversy was not fully tried, we reverse and remand for a ... Subscribe Login Digital and ...

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01-3141 Krougliak v. INS

"[I]t appears that the evidence he wished to present was neither new nor previously unavailable. First and foremost, the document that formed the basis of Krugliak's motion to reopen was in existence at the time of his asylum hearing. Krugliak's assertion that such evidence 'was outside the U.S. and impossible . . . to obtain' ... Subscribe Login Digital and ...

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01-1311 State v. Haines

There is no ex post facto violation in applying the amended limitation period to defendant because, on its face, the amendment did not remove a defense that was available to defendant in 1992. "Indeed, such 'defense' would not have been available until 1999, when the former statute of limitations would have run."Although no Wisconsin case ... Subscribe Login Digital and ...

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01-1357-CR State v. Schroedl

Terry Schroedl appeals a judgment of conviction and an order denying postconviction relief. Schroedl was convicted of four counts of first-degree sexual assault of a child, two counts of exposing genitals to a child, and two counts of child enticement-sexual contact. Schroedl alleges that the circuit court erred in two respects. First, Schroedl claims the ... Subscribe Login Digital and ...

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01-2074 U.S. v. Britton

"In the present case, the government contends that the district court's remedy was appropriate because DeRango's proffered testimony was easily available through another source - a billing record. DeRango's motion to withdraw was based upon knowledge that DeRango possessed and could be used to impeach government witness Swanson. DeRango told the district court that based ... Subscribe Login Digital and ...

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01-2721 State v. Parker

"A defendant may not sit back while evidence is available and then argue for a new trial on the grounds that evidence is no longer available to him or her."Further, according to trial defense counsel's recollection, the contents of the tape were consistent with the testimony presented at trial and the tape was not "of ... Subscribe Login Digital and ...

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01-0490 County of Winnebago v. Wicklund

Roy D. Wicklund appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) in violation of a Winnebago County ordinance. Wicklund challenges the trial court's ruling denying his motions to suppress evidence of a blood test. We affirm the judgment. This opinion will not be published.Dist II, Winnebago County, Schmidt, J., ... Subscribe Login Digital and ...

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01-2154 U.S. v. Traeger

"Here, our review of photographs of the lineup indicates that, although Traeger was larger than the other participants, the size differential was not so great as to make the lineup unduly suggestive. Additionally, we note that it would have been difficult to find five other men approximating Traeger in size and physical appearance - outside ... Subscribe Login Digital and ...

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01-1864 State v. Opalewski

"All of the acts, both past and present, involved Opalewski taking advantage of minor children with whom he shared a familial or quasi-familial relationship for his own sexual gratification. This is a critical similarity. That he would have more than one opportunity to sexually molest minors in his family is unusual, but here, Opalewski engaged ... Subscribe Login Digital and ...

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01-2834-CR State v. Lopez

Nicole Lopez appeals from a judgment convicting her of operating a motor vehicle while intoxicated, second offense. She contends that no probable cause existed to arrest her and therefore the circuit court erred when it denied her motion to suppress. Because we conclude that the officer had probable cause to arrest Lopez, we affirm. Not ... Subscribe Login Digital and ...

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