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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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01-2011 Morters v. Barr, et al.

Ronald and Shannon Morters appeal the order granting partial summary judgment, and a later judgment entered in the respondents’ favor. The Morters complain that the trial court: (1) erroneously exercised its discretion in consolidating their two cases; (2) erred in granting partial summary judgment; (3) erroneously exercised its discretion in granting a motion in limine; and (4) erred in directing ...

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01-1144, 01-2069 State v. Bessert

James Bessert appeals from a forfeiture judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC). Bessert challenges the trial court’s ruling denying his motion to suppress evidence of a blood test. We affirm the judgment. This opinion will not be published. Dist II, Winnebago County, Gritton, J., Nettesheim, P.J. Attorneys: For Appellant: Ralph A. Kalal, ...

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01-2361 Walker v. Thompson, et al. (57061)

“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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01-0927 Multi-State Specialized Transit Inc. v. McCain Foods Services Inc., et al.

Multi-State Specialized Transit Inc., appeals a summary judgment dismissing its breach of contract action against McCain Foods. The trial court concluded that the contract allowed McCain to terminate the agreement without giving thirty days’ notice and an opportunity to correct Multi-State’s breach of the environmental protection clause. Multi-State argues that the contract unambiguously required McCain to provide thirty days’ notice ...

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01-1449-CR State v. Lewis

Minko Lewis appeals from a judgment of conviction, following his guilty plea, for possession with intent to deliver cocaine, and from an order denying his motion for postconviction relief. He argues that the trial court erred in denying his motion to suppress. Specifically, he contends that the court should have granted his request for an evidentiary hearing, pursuant to Franks ...

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01-1818 Payne v. Milwaukee County, et al.

“If sec. 1988 did not rest explicitly on a party’s status as a ‘pre vailing’ party before fees could be recovered, we would have a different case. But it does, and this court has unequivocally held that defendants who make more generous Rule 68 offers than the winning plaintiff wins from a jury are not ‘prevailing parties.’ See Poteete v. ...

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01-2408 Kinko's Inc. v. Shuler, et al.

Craig Shuler, Robert Fenbert and Digicopy Inc. (collectively, Digicopy), appeal a summary judgment holding that Northern Insurance Company of New York did not have a duty to defend them in an action that Kinko’s Inc., brought against them. We conclude that, when all doubts and inferences are resolved in favor of the insured, Digicopy has coverage under the “Advertising Injury” ...

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01-2474 In Re the Commitment of Ruven Seibert: State v. Seibert

Ruven Seibert appeals an order denying his motion for supervised release under Wis. Stat. sec. 980.08. He argues that the trial court improperly allowed expert testimony from Lloyd Sinclair, who is not a licensed psychologist or psychiatrist. Sinclair opined that Seibert suffered from a disorder predisposing him to commit a crime of sexual violence. He also challenges the sufficiency of ...

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00-3118 Pleasureland Museum, Inc. v. Beutter, et al.

“We take note that stimulation of human genital organs forms part of medically-recognized therapeutic treatment for female sexual dysfunction. “Because certain therapeutic treatments for sexual dysfunction often necessarily entail the stimulation of the human genital organs, see, e.g., Handbook at 269-73, Section 125.22 needs to provide standards for determining which of those two uses – stimulation as a part of ...

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99-3199 Servais, et al v. Kraft Foods, Inc.

Where the court is equally divided on the question whether the decision of the court of appeals in Servais v. Kradt Foods, 2001 WI App 165 should be affirmed or reversed (Justices Crooks, Prosser and Sykes would affirm; and Chief Justice Abrahamson and Justices Bablitch and Bradley would affirm; Justice Wilcox did not participate), the decision of the Court of ...

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01-3222 Peele v. Country Mutual Insurance Co.

“After carefully reviewing the record, we agree with Country Mutual that the evidence of Peele’s deteriorating job performance is overwhelming. In the 18 months leading up to her termination, she was repeatedly warned by the company, both verbally and in writing, that her job performance was unacceptable. “We are unpersuaded by Peele’s argument that evidence of her poor job performance ...

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01-3029 In Re the Termination of Parental Rights to Teresa W.: Racine County Department of Human Services v. Stormy W.

Stormy W. is seeking to withdraw her voluntary consent to the termination of her parental rights. She maintains that her consent was neither voluntary nor informed and her counsel provided ineffective assistance. We affirm since the circuit court conducted an adequate inquiry to determine that Stormy’s consent was voluntary and informed and correctly concluded that counsel zealously represented Stormy. This ...

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00-2344 Martin v. American Family Mutual Insurance Co.

“The Agnew [v. American Fam. Mut. Ins. Co., 150 Wis2d 341 (1989)] decision makes it clear, contrary to the Martins’ argument, that in determining whether the multiple policies promise to indemnify an insured against the same loss, a court must examine the policy’s coverage, the exclusions, and the purpose of the applicable exclusion. The purpose of the ‘drive other car ...

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