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01-1979 Wisconsin Seafood Inc. v. Fisher

Order affirmed. Recommended for publication in the official reports. DISSENTING OPINION: Hoover, P.J. “While I appreciate the trial court’s and the majority’s rationale, I would hold that Wisconsin Seafood was the prevailing party in the arbitration proceeding. I therefore respectfully dissent.” Dist III, Brown County, Atkinson, J., Peterson, J. Attorneys: For Appellant: Michael P. Dunn, Milwaukee For Respondent: Warren M. ...

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01-3302-FT Dee v. Market Square Housing LLC, et al.

Emily Dee appeals from a judgment dismissing her personal injury claim against Market Square Housing, LLC, and its insurer. She sued after being injured in a parking ramp under construction. On summary judgment the trial court held Dee more negligent than Market Square, the ramp’s owner, as a matter of law. The issue on appeal is whether the evidence submitted ...

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00-1680 State v. Jennings

“The Supreme Court’s decision in Davis means that Wentela and [State v.] Walkowiak, [183 Wis.2d 478 (1994] are no longer valid as a matter of Fifth Amendment law, and we therefore overrule them. We also decline, in this instance, to interpret the Wisconsin Constitution’s right against self-incrimination more broadly than the federal constitutional right.” Accordingly, on this question certified to ...

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01-2509 Johnson v. Commissioner of Internal Revenue,

“Izen’s complaint that the Tax Court based its finding of bad faith on his conduct in other cases is off the mark in two respects. The court placed primary reliance on his conduct in the present case; our recital of the facts showing that Izen recklessly, and in all likelihood intentionally, obstructed discovery was drawn from the Tax Court’s opinion. ...

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02-0022 Laska v. Laska

“Although the signature need not be handwritten, the term ‘subscribed’ cannot be read to dispense altogether with a written indication of assent. To give such an expansive meaning to the term would frustrate the purpose of the statute, which is to give certainty to what was agreed upon.” Accordingly, because the statute does not provide for a party to “subscribe” ...

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01-1254 Palumbo, et al. v. Kidder, et al.

Brian Kidder appeals and Karin Palumbo cross-appeals a judgment awarding Palumbo damages for injuries she suffered in a traffic accident. Kidder argues that the trial court should have granted his motion to change the $120,000 award for future loss of earning capacity to $14,400. He also argues that the evidence does not support the $120,000 figure and that the trial ...

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00-2636 State ex. Rel. Gerard Noel Haas v. McReynolds, Sheriff

“We have long and consistently held that the extraordinary writ of habeas corpus is not available to a petitioner when the petitioner has other adequate remedies available. … “In this case, there is no question that Haas had an otherwise adequate remedy: his direct appeal, which he voluntarily dismissed. Rather than seeking a separate habeas corpus writ, the appropriate course ...

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01-3384 U.S. v. Tully, et al.

“The claimants’ Notices of Claims requested that ‘their interests [i.e., alleged equitable liens] in this cause be protected by the [district court].’ However, at the time they filed this collective notice no such ‘interests’ had yet been established. Thus, while the claimants might have, at one time, possessed the ability to obtain equitable liens on Lot 32/33 by filing civil ...

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01-1393 State v. Franszczak

“The flaw in Franszczak’s argument lies in his assumption that the evidence was exculpatory when it was in the possession of the crime lab. When the evidence was seized and submitted to the crime lab, the State did not know whether the crime lab testing would produce inculpatory, exculpatory, or inconclusive results. The State submitted the evidence for testing to ...

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01-344 Thompson v. Western States Medical Center

The Government asserts that three substantial interests underlie the FDAMA: (1) preserving the effectiveness and integrity of the FDCA’s new drug approval process and the protection of the public health it provides; (2) preserving the availability of compounded drugs for patients who, for particularized medical reasons, cannot use commercially available products approved by the FDA; and (3) achieving the proper ...

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01-3099 U.S. v. Knox

“Defendants are entitled to competent appellate representation. Good advocates do not raise every non-frivolous legal issue. Counsel’s duty is to present those contentions that promote the client’s interest. Sometimes a litigant may want to take a potentially injurious step, and because it is his liberty that lies in the balance courts allow defendants to do so at trial. Thus before ...

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01-2126 State v. Konkol

“To put it bluntly, the defense takes its chances when offering a theory of defense and the State can keep knowledge of its legitimate rebuttal witnesses from the defendant without violating sec. 971.23(1)(d). … “Sound policy reasons support our holding that the State should not be barred from putting on legitimate rebuttal evidence simply because it correctly anticipated the defense. ...

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01-1228 In Re the Estate of Margaret Barber, deceased: Estate of Margaret Barber, by its Personal Representative, Franke, v. Stoviak

Carole Barber Stoviak appeals from a circuit court judgment admitting the will of her mother, Margaret Barber, into probate over Carole’s objection. The Last Will and Testament of Margaret Barber, dated Dec. 30, 1997, disinherited Carole and divided Margaret’s estate between her two other daughters including Barbara L. Franke, who is designated as Margaret’s personal representative and power of attorney. ...

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00-1250 U.S. Airways, Inc. v. Barnet

“The question is whether a proposed accommodation that would normally be reasonable is rendered unreasonable because the assignment would violate a seniority system’s rules. Ordinarily the answer is ‘yes.’ The statute does not require proof on a case-by-case basis that a seniority system should prevail because it would not be reasonable in the run of cases that the assignment trump ...

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01-2933, 01-2934 U.S. v. Anderson

“Anderson claims that the district judge should have held a hearing to determine whether Hoffeditz had, in fact, breached confidences that made their way to the feds… Judge Gilbert was well within his discretion to deny a hearing. Anderson’s argument has three analytical steps, two of which he has not alleged with sufficient detail, definiteness, or specificity to warrant a ...

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01-1753 Balele v. Wisconsin Personnel Commission and Department of Administration

Pastori Balele appeals an order affirming the Wisconsin Personnel Commission’s decision on his employment discrimination complaint. The Commission granted summary judgment on undisputed facts, deciding that George Lightbourn, the secretary of the Department of Administration (DOA), did not discriminate against Balele by hiring someone else for a vacant administrator’s position within DOA. The circuit court affirmed. We directly review the ...

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01-1842-CR State v. Cundy

James A. Cundy appeals from a judgment of conviction of arson and from an order denying his postconviction motion for a new trial. He seeks a new trial in the interests of justice on the ground that a police officer improperly commented on the veracity of witnesses and on one witness’s invocation of her Miranda rights. We conclude that if ...

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00-3122, 00-3178, 00-3181, 00-3182, 00-3367, 01-1239, 01-1617, 01-1654, 01-2231, 01-2339, 01-2445, 01-2747, 01-2785, & 01-3545 Cheryl Reynolds, et al. v. Beneficial National Bank, et al.

“The various objectors to the settlement, primarily intervening or would-be intervening plaintiffs who have claims that the settlement will release, contend that the settlement agreement is the product of a ‘reverse auction,’ the practice whereby the defendant in a series of class actions picks the most ineffectual class lawyers to negotiate a settlement with in the hope that the district ...

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01-2955 Integrity Mutual Insurance Company, et al. v. Zahorik, et al.

Integrity Mutual Insurance Company appeals a judgment affirming an award of worker’s compensation benefits to Tammy Zahorik. The issue is whether there was sufficient evidence to support LIRC’s award. We directly review LIRC’s decision. See Stafford Trucking, Inc. v. DILHR, 102 Wis. 2d 256, 260, 306 N.W.2d 79 (Ct. App. 1981). We affirm that decision and consequently the circuit court ...

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01-2676-CR State v. Moen

Daniel P. Moen appeals from a judgment of conviction on one count of operating a motor vehicle while intoxicated, contrary to Wis. Stat. § 346.63(1)(a) (1999-2000). Moen claims that the evidence presented at trial was insufficient to prove beyond a reasonable doubt that he operated a motor vehicle while under the influence of an intoxicant. He also claims the trial ...

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01-1937 EEOC v. United Air Lines, Inc.

“In her charge of discrimination, Ms. Droge alleges that she has suffered discrimination on the basis of her national origin and sex because of UAL’s failure to make contributions to the French social security system on her behalf. The information sought, however, goes far beyond an inquiry into whether and for whom UAL makes French social security payments. It is ...

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01-1544 Oriedo v. Wisconsin Personnel Commission, et al.

Micah Oriedo appeals an order affirming the Wisconsin Personnel Commission’s (WPC) decision to reject his discrimination complaint and an order denying his motion for reconsideration. Oriedo claims that the Department of Corrections, the Department of Employment Relations and the Division of Merit Recruitment and Selection (collectively, DOC or the Department) violated his rights under the Wisconsin Fair Employment Act (WFEA) ...

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01-0609 In the Matter of the Refusal of Arechederra: State v. Arechederra

Leandro Arechederra III appeals an order revoking his driving privileges for one year for refusal to submit to a breath test. Arechederra was arrested for operating a motor vehicle while under the influence of an intoxicant, contrary to Wis. Stat. § 346.63(1)(a) (1997-98). He refused to submit to a chemical test of his breath, in violation of Wis. Stat. § ...

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01-3596 Hickey v. O'Bannon, et al.

“Here, the appellants failed to plead facts that, if true, state a constitutional or section 1983 violation as a matter of law. Accepting all facts therein as true, the most liberal reading of the appellants’ complaint reveals only that the Board failed to comply with procedural rules for conducting administrative hearings as provided by state statute. That is an insufficient ...

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01-2966 In the Matter of the Guardianship and Protective Placement of Karen C: Outagamie County v. Karen C.

Karen C. appeals a protective placement order. She argues that the evidence presented at trial was insufficient to support a finding that it was necessary to remove her from her home and place her in a community based residential facility (CBRF). Because the evidence is sufficient to support the trial court’s decision, the order is affirmed. This opinion will not ...

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01-1639-CR State v. Roberts

William H. Roberts appeals from a judgment convicting him of operating while intoxicated (fifth offense), operating after revocation (fourth offense) and obstructing an officer, all as a repeat offender, and from an order rejecting his challenge to his sentence. We affirm. This opinion will not be published. Dist II, Kenosha County, Fisher, J., Per Curiam Attorneys: For Appellant: Jefren E. ...

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01-2167 City of Chicago v. ATF

“ATF’s arguments that the premature release of this data might interfere with investigations, threaten the safety of law enforcement officers, result in the intimidation of witnesses, or inform a criminal that law enforcement is on his trail are based solely on speculation. Nothing the agency submitted is based on an actual pending or reasonably anticipated enforcement proceeding. Under the ATF’s ...

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No. 01-0746 Crawford v. Progressive Northern Insurance Company, et al.

Jane Crawford, individually and as special administrator of the estate of her late husband, Donald Crawford, appeals from a judgment declaring that the auto insurance policy issued to the Crawfords by Progressive Northern Insurance Company does not provide coverage for the damages at issue in this appeal. Jane argues that the policy’s exclusionary language is ambiguous and should therefore be ...

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01-3074-FT Village of Fontana v. Zamecnik

Gary M. Zamecnik contends that the trial court misused its discretion in refusing to reopen the underlying operating a motor vehicle while under the influence of intoxicants (OWI) case against him. We disagree and affirm the order of the trial court. This opinion will not be published. Dist II, Walworth County, Gibbs, J., Snyder, J. Attorneys: For Appellant: Theodore B. ...

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