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00-2691 U.S. v. Skidmore

“We agree with Skidmore that his decision not to present any witnesses or evidence should not have been referred to as a ‘failure’ of any kind on his part. The court’s use of this word in the instruction is problematic ...

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00-2151 Salonen v. Powers

Duane G. Powers appeals from a harassment injunction issued against him at the request of Lynn E. Salonen. Powers argues on appeal that there was insufficient evidence of harassment, that Salonen did not establish that he intended to harass her, ...

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00-2840-CR State v. Key

Ronald K. Key appeals his conviction for theft and an order denying his postconviction motions. He claims that his conviction should be overturned because the State failed to give him sufficient notice of what conduct violated sec. 943.20(1)(b) and because ...

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01-1122 U.S. v. Morrison

“What we have here is the police following a trail which led, very quickly, to Morrison. … [A] witness saw a black man running from the bank heading toward a parking lot for a neighboring apartment building. They had a ...

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99-1434 United States v. Mead Corp.

“No matter which angle we choose for viewing the Customs ruling letter in this case, it fails to qualify under Chevron. On the face of the statute, to begin with, the terms of the congressional delegation give no indication that ...

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00-1357 Strzelec v. City of Franklin

“At the most, the Strzelecs’ negligence claim against the City and Bennett is based on a retrospective, result-colored analysis of how they contend the governmental discretion should have been exercised. Section 893.80(4) bars that claim.” Further, we reject plaintiffs’ claim ...

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00-2586-CR State v. Lessard

Alberta P. Lessard appeals from a judgment convicting her of disorderly conduct, see Wis. Stat. sec. 947.01, following a bench trial. We affirm. This opinion will not be published. Dist I, Milwaukee County, Siefert, J., Fine, J. Attorneys: For Appellant: ...

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00-1678 State v. Gates

Sammy J. Gates appeals pro se from a circuit court order denying his Wis. Stat. sec. 974.06 (1999-2000) postconviction motion. We affirm. This opinion will not be published. Dist II, Winnebago County, Schmidt, J., Per Curiam Attorneys: For Appellant: Sammy ...

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99-1977 Saucier v. Katz

“[Graham v. Connor, 490 U.S. 386 (1989) and Anderson v. Creighton, 483 U.S. 635 (1987)] refute the excessive force/probable cause distinction on which much of respondent’s position seems to depend. The deference owed officers facing suits for alleged excessive force ...

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00-2568 State v. Entringer

“Forgery cannot be committed by the making of a genuine instrument, although the statements made therein are untrue. The term ‘falsely’ has reference not to the contracts or tenor of the writing, or to the fact stated in the writing, ...

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00-3448-CR State v. Mumm

Malcolm M. Mumm appeals from the denial of his suppression motions and his conviction of operating a motor vehicle with a prohibited blood alcohol concentration (BAC) second offense. He contends that the illegal seizure of his blood sample and the ...

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00-189 Idaho v. United States, et al.

“Congress undertook to negotiate with the Coeur d’Alene Tribe for reduction in the territory of an Executive Order reservation that Idaho concedes included the submerged lands at issue here. Congress was aware that the submerged lands were included and clearly ...

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00-1785-CR State v. Rosenberg

OMVWI; prior convictions; fresh pursuit William C. Rosenberg has appealed from judgments convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense and of bail jumping. Rosenberg contends that the trial court erred when it permitted two prior ...

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00-1617 Volden v. OKK Corporation, et al.

Thomas and Barbara Volden appeal from a judgment dismissing their complaint against OKK Corporation and OKK U.S.A. Corporation (collectively, OKK). They challenge each of the trial court’s rulings on motions after verdict, particularly as those rulings rest on the trial ...

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00-2271Wynn v. Southward

“Wynn alleges that he has been unable to chew his food without his dentures, significantly impeding his ability to eat, and that he has suffered bleeding, headaches, and ‘disfigurement.’ These allegations are sufficient to demonstrate that Wynn has a serious ...

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00-3306Guerrero v. Ashcroft

“Guerrero next offers statistical studies conducted by an expert, Dr. LaLonde, tending to show that Hispanic and Black agents are promoted far less frequently than other agents. We have found statistical evidence to be admissible and helpful in disparate treatment ...

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00-2916Clay v. Holy Cross Hospital

“Clay presents no evidence to rebut Seliga’s testimony that Gaffney advised him that Clay was uncooperative with the Hospital’s marketing efforts, and that Clay failed to participate in any of the Hospital’s 25 marketing events. Clay attempts to refute this ...

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00-549 Cedric Kushner Promotions, Ltd. v. King

“Linguistically speaking, an employee who conducts the affairs of a corporation through illegal acts comes within the terms of a statute that forbids any ‘person’ unlawfully to conduct an ‘enterprise,’ particularly when the statute explicitly defines ‘person’ to include ‘any ...

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