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01-2136 U.S. v. Miller

“Here, it was immediately noted after the ‘subpoena power’ comment that the government carried the burden of proof. Additionally, the district court instructed the jury that ‘[t]he government has the burden of proving the guilt of the defendants beyond a reasonable doubt, and this burden remains on the government throughout the case.’ The court also instructed the jury, ‘The defendants ...

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01-0095 Millers Mutual Insurance Company, et al. v. Bresina, et al.

Robert Bresina and the Labor and Industry Review Commission (LIRC) appeal from the circuit court’s order affirming in part and reversing in part LIRC’s decision. Millers Mutual Insurance Company cross-appeals. Bresina and LIRC complain that the circuit court improperly applied Wis. Stat. sec. 102.18(1)(d) (1999-2000) when it reduced LIRC’s determination of permanent disability from ten percent to five percent. In ...

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01-1359 State v. Ringler

Amanda A. Ringler appeals from an order revoking her operating privilege based upon her improper refusal to submit to a chemical test following her arrest for operating while intoxicated (OWI). Ringler contends that the arresting officer did not have reasonable suspicion to stop her vehicle. We disagree and affirm the revocation order. This opinion will not be published. Dist II, ...

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01-0608 In Re the Paternity of Jalysse N.F.: Karen M. v. Craig P.

Craig P. appeals from a judgment of paternity establishing child support at 17% of his gross income and finding him in contempt of court for failure to provide court-ordered financial information and documentation. Craig makes many vague, nonspecific arguments in favor of reversing the judgment. Because the trial court’s decision was not an erroneous exercise of discretion, we affirm the ...

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01-1337-CR State v. L'Minggio

Quintin D. L’Minggio appeals an order of the trial court denying his motion to modify his sentence for having sexual intercourse with a child over 16 years of age as a repeater and obstructing justice. We affirm the denial. This opinion will not be published. Dist II, Racine County, Mueller, J., Brown, J. Attorneys: For Appellant: Quintin D. L’Minggio, Boscobel ...

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00-3347 Essex Insurance Company v. Manley, et al.

James Manley, Select Insurance Agency Inc., and their insurer, Utica Mutual Insurance Co., (collectively, “Manley”) appeal from the circuit court judgment, following a court trial, awarding Essex Insurance Company $24,000 damages. Manley argues that the circuit court erred in denying his motion for summary judgment. He contends that Essex’s summary judgment submissions presented no evidence establishing that it had relied ...

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01-0960-CR State v. Aguilera

Alejandro Aguilera appeals an order denying his motion for sentence modification. He claims that his ineligibility for the challenge incarceration program and a deportation order entered after sentencing constitute new factors warranting a hearing on his motion. We disagree and affirm. This opinion will not be published. Dist IV, Jefferson County, Ullsvik, J., Per Curiam Attorneys: For Appellant: Steven P. ...

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01-1886 In the Interest of M.D.: State v. M.D.

M.D. appeals from a judgment adjudicating her delinquent for second-degree sexual assault of a child. M.D. contends that the victim’s testimony was incredible and that the corroborating evidence was inadequate to support a conviction on the sexual assault charge. She also contends that the trial court failed to credit her with the presumption of innocence guaranteed by the Fourteenth Amendment ...

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00-6567 Dusenbery v. U.S.

The Fifth Amendment’s Due Process Clause entitles individuals whose property interests are at stake to “notice and an opportunity to be heard.” United States v. James Daniel Good Real Property, 510 U.S. 43, 48. The straightforward reasonableness under the circumstances test of Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 313, not the balancing test approach of ...

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01-2787 In Re the Termination of Parental Rights to Thomas J.R.: Tammie J.C. v. Robert T.R.

This case involves the termination of the parental rights of Robert R., to his son, Thomas R., who was born during Robert’s marriage to Tammie C. We conclude that in order to terminate Robert’s parental rights the circuit court must have had both personal and subject matter jurisdiction. Because the court did not have personal jurisdiction over Robert, the order ...

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00-1089 Toyota Motor Mfg. v. Williams

The Sixth Circuit erred in suggesting that, in order to prove a substantial limitation in the major life activity of performing manual tasks, a plaintiff must show that her manual disability involves a “class” of manual activities, and that those activities affect the ability to perform tasks at work. Nothing in the ADA’s text, this Court’s opinions, or the regulations ...

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01-1075 State ex rel. Harr v. Smith, et al.

Daniel Harr, a prison inmate, appeals an order dismissing his complaint against the respondents, all Department of Corrections (DOC) employees. The complaint alleged a violation of his free speech rights under the Wisconsin Constitution. The trial court granted the State’s motion to dismiss the complaint for failure to state a claim. We affirm. This opinion will not be published. Dist ...

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00-927 Chao v. Mallard Bay Drilling, Inc.

Because the Guard has neither affirmatively regulated the working conditions at issue, nor asserted comprehensive regulatory jurisdiction over working conditions on uninspected vessels, it has not exercised its authority under sec. 4(b)(1). The OSH Act does not apply to working conditions as to which other federal agencies “exercise” statutory authority to prescribe or enforce occupational safety and health standards or ...

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01-0401 Frankiewicz v. Buerger

Richard T. Buerger appeals the circuit court’s issuance of a harassment injunction. For the following reasons, we affirm. Not recommended for publication in the official reports. Dist IV, Jefferson County, Hue, J., Lundsten, J. Attorneys: For Appellant: Not given For Respondent: Not given

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99-1786 Great-West Life & Annuity Insurance Co., et al. v. Knudson, et al.

The Court rejects petitioners’ argument that they are entitled to relief under sec. 502(a)(3)(A) because they seek “to enjoin a[n] act or practice”-respondents’ failure to reimburse the Plan-“which violates … the [plan’s] terms.” An injunction to compel the payment of money past due under a contract, or specific performance of a past due monetary obligation, was not typically available in ...

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00-3343 Sobczak, et al. v. Ciganek, et al.

Eleanor Ciganek appeals from a judgment awarding Jeffrey Sobczak $285,064.13 for damages (and costs) he sustained in a motor vehicle accident. The issues are: (1) whether Sobczak was required to present testimony from a vocational expert to substantiate his claim of loss of future earning capacity; and (2) whether the evidence was sufficient to support the jury’s award. We affirm. ...

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01-2217 Petro v. Mishler

“The language of section 1325(a) sets forth the specific and limited universe of requirements that must be met by a debtor in his or her proposed Chapter 13 plan. If those requirements are met, and, as here, the Trustee fails to object to the plan pursuant section 1325(b), the statute states that the plan ‘shall’ be approved. The Supreme Court ...

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01-1101 Stasiewicz v. Pagan, et al.

Juan Pagan, Jr. and Allstate Insurance Company (collectively, “Allstate”) appeal from a judgment entered in favor of Daniel S. Stasiewicz. Allstate claims: (1) the trial court erred in failing to dismiss Stasiewicz’s claim for permanent injury; (2) the trial court erred when it refused to grant a new trial; and (3) there is insufficient evidence to support the jury’s future ...

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00-4222 Hall v. Bodine Electric Company

“[N]one of [these attributes] is enough to bring Lopez within the definition of a Title VII supervisor – as there is nothing in the record indicating that Bodine entrusted him with the authority to ‘hire, fire, demote, promote, transfer, or discipline’ Hall. “[T]he fact that an employer authorizes one employee to oversee aspects of another employee’s job performance does not ...

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01-0775-CR State v. Beier

Tammy L. Beier appeals from the judgment of conviction entered against her. The issue on appeal is whether there was sufficient evidence to support the jury’s verdict. Because we conclude that there was sufficient evidence to support the verdict, we affirm. This opinion will not be published. Dist II, Fond du Lac County, Grimm, J., Per Curiam Attorneys: For Appellant: ...

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00-2849 Nawrot v. CPC International

“Despite the most diligent care, Nawrot cannot completely control his blood sugar level. He suffers from unpredictable hypoglycemic episodes, of such extreme consequence that death is a very real and significant risk. On the occasions he suffers from such an episode, his ability to think coherently is significantly impaired, as well as his ability to function. He has lost consciousness ...

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01-0607 State v. Bull

Duane Bull appeals from an order denying his motion for postconviction relief filed pursuant to Wis. Stat. sec. 974.06 (1999-2000). His motion raised numerous issues concerning a 1995 sexual assault conviction, and subsequent postconviction proceedings. We conclude that the trial court properly denied relief on the motion, and therefore we affirm. This opinion will not be published. Dist IV, Columbia ...

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99-1840 Bethany, Illinois, et al. v. FERC, et al.

“From an economic standpoint, the Commission’s preference for allocating available capacity to the bidder willing to pay the most for it is sound. It has the effect of allocating resources to those who most value them, and it results in lower fixed-cost charges to everyone else on the pipeline. The net present value approach is consistent with these goals. It ...

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00-2909-CR State v. Henkel

Thomas Henkel appeals a judgment of conviction and an order denying his postconviction motion. He raises a number of issues, including ineffective assistance of counsel, whether the court should have granted a continuance, and whether the court erred by excluding evidence. We affirm. This opinion will not be published. Dist IV, Dane County, Ebert, J., Per Curiam Attorneys: For Appellant: ...

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01-2225 Begzatowski v. INS

“This court has defined persecution as ‘punishment or the infliction of harm for political, religious, or other reasons that this country does not recognize as legitimate.’ Roman, 233 F.3d at 1034… We believe that the mistreatment endured by Mr. Begzatowski clearly falls within this category. Mr. Begzatowski described a series of actions by the Yugoslavian army meant to humiliate and ...

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01-1057 Milwaukee Police Association et al. v. City of Milwaukee

Accordingly, the trial court erred in denying plaintiffs’ request to compel the city to arbitrate their grievances. “The crux of the City’s decision to not arbitrate the grievances filed by Gustafson and Cornejo, and of the trial court’s ruling upholding that decision, is that counsel for the officers indicated at the hearing before the arbitrator that Gustafson and Cornejo were ...

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01-2128-CR State v. Timm

Jay M. Timm appeals from a judgment of conviction for the unlawful use of a telephone pursuant to Wis. Stat. sec. 947.012(1)(a). Timm also appeals from an order denying his postconviction motion to withdraw his plea, or, in the alternative, to vacate a condition of probation requiring his probation agent or the trial court to give prior approval to any ...

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01-1226 SEC v. Lipson

“If the existence of an alternative legitimate purpose were a defense to a charge of insider trading, any insider who wanted to be able to engage in such trading with impunity would establish an estate plan that required him to trade in his company’s stock from time to time but gave him discretion as to when and how much to ...

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01-0633 Dhillon v. Lesniak, et al.

Gary Lesniak appeals from an order dismissing his counterclaim, dismissing his third-party claim, and granting default judgment in favor of Sukhjitpal Dhillon. He claims the trial court erred by dismissing his counterclaim, his third-party claims against the City of Milwaukee and the City of Milwaukee Police Department, and granting judgment to Dhillon. Because it was reasonable under the circumstances presented ...

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01-0348-CR State v. Jones

Derwin D. Jones appeals from a judgment convicting him of first-degree sexual assault with a dangerous weapon and child enticement for purposes of sexual contact. On appeal, he argues that the State violated his Fifth Amendment right to remain silent when the prosecutor commented on his silence, the circuit court violated his right to confront his accuser by prohibiting him ...

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