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01-1157 U.S. v. Shaker

“[W]e cannot construe deferral as acceptance. In United States v. Ellison, 835 F.2d 687, 689-90 & nn. 4-5 (7th Cir. 1987), a case not acknowledged by the government, we explicitly encouraged district courts to defer acceptance of a guilty plea ...

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01-2192-FT Village of Oregon v. Sunday

Robyn Sunday appeals a judgment convicting her of first-offense operating a motor vehicle with a prohibited alcohol concentration (PAC). She claims that the trial court erred in denying her motion to suppress evidence on the grounds that the arresting officer ...

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00-2079 U.S. v. Kibler

“The evidence of the prior convictions… had virtually no impact on that defense. The evidence that Kibler was a seller of crack was overwhelming, and the defense strategy was a concession to that reality. Therefore, we are not faced with ...

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01-1290-CR State v. Maday

Theodore Maday, Jr., appeals from a conviction for having sexual intercourse with a seventeen-year old. Maday pled no contest to the charge, reserving his right to appeal two issues: (1) whether he should be able to present a defense that ...

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01-1413 Cox v. McBride

“Congress can and perhaps should amend the statute to bring petitions for habeas corpus that challenge prison discipline under the one-year (or some other definite) limitation, but unless and until it does so the only limitation is the equitable principle ...

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01-1988 In the Interest of Brandon J.N.: State v. Brandon J.N.

Brandon J.N. appeals a dispositional order adjudicating him delinquent of theft. Brandon argues that the trial court erroneously exercised its discretion by admitting a portion of a hearsay statement as a statement against interest. We agree and, because the statement ...

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01-1128-CR State v. Gutknecht

Dennis Gutknecht appeals a judgment convicting him of four counts of disorderly conduct and two counts of second-degree sexual assault of a child. He additionally appeals the denial of his motion for postconviction relief. Gutknecht argues that the circuit court ...

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01-1117 U.S. v. Jones

“[T]he district court applied a 17-level upward departure to Jones’ criminal contempt sentence, resulting in an offense level of 24 and a sentence of 76 months imprisonment. Jones’ applicable range for the drug convictions was 188 to 235 months imprisonment, ...

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01-1019-CR State v. Anderson

Larry H. Anderson appeals an order of the circuit court amending his judgment of conviction. The court changed a $7100 payment ordered at sentencing from “restitution” to a “cost” under Wis. Stat. sec. 973.06(1)(am) (1997-98). For the following reasons, we ...

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00-3037 Jones v. Secura Insurance Co.

Rather, we conclude that because a bad faith claim is governed by a two-year statute of limitations, plaintiffs are entitled to pursue that claim notwithstanding the dismissal of their contract claim and may seek to recover “any damages which are ...

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01-0889 State ex rel. Edwards v. McCaughtry

Jayson Edwards appeals from a circuit court order which affirmed a prison disciplinary decision finding him guilty of attempted escape. He claims that the circuit court improperly construed his pleadings and failed to address several of the issues he raised ...

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00-1491, 00-1915 Lynch Inc. v. SamataMason Inc., et al.

“Lynch would have a much stronger case if at the outset the judge had said, ‘This is an off-the-record settlement conference and no settlement arrived in it will be deemed final and enforceable.’ If the judge later ‘recollected’ that a ...

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00-2435 State v. Robinson

Although, since the appropriate remedy depends on the totality of the circumstances, a court must examine all of the circumstances to determine an appropriate remedy for that case, considering both the defendant’s and the State’s interests. “In the present case, ...

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01-1284 Sugden v. Bock

“The Sugdens contend that the anti-stacking clauses in their policies cannot fall within Wis. Stat. § 632.32(5)(f) because to do so would make other, more specific provisions in the statute, such as § 632.32(5)(g), ‘superfluous’ since all anti-stacking provisions could ...

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01-0638 WMC Mortgage Corporation v. Burckhardt

John Burckhardt appeals an order which confirmed a sheriff’s sale following a foreclosure action on Burckhardt’s property. WMC Mortgage Corporation held the outstanding mortgage and successfully bid $84,144.06 for the property. Burckhardt contends: (1) he should have been granted a ...

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00-1139 McNair v. Coffey

“Viewing matters through the objective reasonableness standard, we conclude that, even taking the record in the light most favorable to the McNairs, a jury could not properly have found that Officer Coffey personally behaved unreasonably. Good practice may have called ...

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01-1785 Malin, et al. v. Knipfer

Randel and Wanda Knipfer appeal a judgment granting declaratory relief to Thomas and Barbara Malin and Thomas and Amy Gallagher. The dispute concerns the scope of the Malins’ easement across property belonging to the Knipfers. The court ruled that title ...

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01-0834 Hoskins et al. v. Dodge County et al. (56542)

“Even if we were to conclude that what Block communicated via his 911 call constituted a known, present danger, we would not necessarily hold that the dispatchers had forfeited any claim to immunity for their actions in response. Neither dispatcher ...

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01-1173 Gold v. City of Adams

“In order to interpret the statute as Gold requests us to do, we would have to rewrite the statute as: ‘Such salaries when so fixed may be increased but no part may be decreased by the council without a previous ...

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01-1318 Mueller, et al. v. Sentry Insurance, et al.

Stephen L. Wender and Sentry Insurance, defendants and third-party plaintiffs in the circuit court, appeal from an order granting summary judgment to the third-party defendant, Helena Mendrok, and dismissing Wender’s third-party complaint against her. Wender and Sentry argue that summary ...

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01-2251 & 01-2252 Lewis v. Sullivan

“Although Congress must act rationally when deciding which litigants must contribute toward the costs of the judicial system, we have already held, see Zehner v. Trigg, 133 F.3d 459 (7th Cir. 1997), that it is within the legislative power to ...

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01-1339 Nicolet Minerals Co. v. Town of Nashville (56543)

“We agree that towns have only the powers delegated to them, and they exercise zoning power pursuant to the general zoning statutes. [citation]. Nevertheless, § 293.41 is an express delegation to towns of the power to enter into local agreements ...

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