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01-0825 Gojmerac v. Mahn

Accordingly, the dominant estate does not include Lots 6 and 7 of Block Two because a right of first refusal is not equal to an ownership interest and the owners of Lots 6 and 7 are not entitled to use the easement. “‘A right of first refusal is essentially a conditional option dependent upon the decision or the desire of ...

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01-0702 City of Whitewater v. Wyczawski

Jeffrey L. Wyczawski appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). Wyczawski argues that the results of his blood alcohol test should not have been admitted because (1) there was no evidence that his blood was withdrawn by a person authorized under Wis. Stat. Sec. 343.305(5)(b); and (2) there ...

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00-1426 In the Matter of Disciplinary Proceedings Against John Miller Carroll, Attorney at Law

“In this case we conclude that the one-year suspension sought by the Board is appropriate. First, the misconduct committed by Attorney Carroll was serious and extensive. In particular, it demonstrated a pattern of deception and misdealing with clients that runs to the very heart of the integrity of the attorney-client relationship. Second, given the number of violations found here, as ...

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01-0740 Racine County v. Cape, et al.

We agree with defendant that its operation of the modernized crusher system only increases the frequency, intensity and volume of its recycling capabilities and presents no identifiable change in use. We disagree with the county’s argument that an identifiable change has occurred because the crusher produces gravel which is a new product in the stream of commerce. Although the production ...

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01-1182 City of Clintonville v. Kuhn

Michael Kuhn appeals a judgment convicting him of operating a motor vehicle with a prohibited alcohol concentration, in violation of a city ordinance. He claims the trial court erred in denying his motion to suppress evidence of the result of a breath test administered following his arrest. Specifically, he claims that the arresting officer did not have probable cause to ...

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99-2987 Peterson v. Midwest Security Ins. Co.

“Peterson … argues that the phrase ‘buildings, structures and improvements’ merely modifies ‘real property,’ so that a person who owns a building, structure or improvement but does not also own the underlying real property does not own ‘property’ within the meaning of the statute. He interprets the statute to create two categories of ‘property’: 1) real property, along with any ...

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00-3045 In the Interest of Stephen T., a person under the age of 18 v. Stephen T.

“Based on our understanding of criminal intent, we determine that the expert testimony and other evidentiary submissions were highly relevant to Stephen’s theory of defense. The trial court rejected the submissions based on the mistaken belief that as long as Stephen intended to become sexually aroused, he ‘fit[ in the same gambit as adults.’ We conclude that the trial court’s ...

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01-1632-CR State v. Brazee

Corrine Brazee appeals her conviction for third offense operating a motor vehicle while under the influence of an intoxicant (OWI). She claims that the circuit court erred by rejecting her motion to suppress blood test results on the basis of issue preclusion. Brazee argues that the State was estopped from arguing that Wisconsin’s implied consent law does not provide the ...

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00-1086 State v. Raflik

“Where there is no evidence of intentional or reckless misconduct on the part of law enforcement officers, a reconstructed warrant application may serve as a functional equivalent of the record of the original application. Such a reconstruction, when made appropriately, can protect the defendant’s right to a meaningful appeal, as well as the defendant’s ability to challenge the admission of ...

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01-0498 State v. Reynolds

“While [the sentencing judge’s] comments were well-considered in many respects, they reflected no recognition of the trial testimony, the presentence investigation report, or [the trial judge’s] sentencing comments on the severity of the offense. That information was essential to a fair sentencing after revocation. After all, the criminal complaint and information could not convey the evidence subsequently presented at trial. ...

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01-0267 Marquardt v. Milwaukee County (56254)

“Marquardt argues that the County’s attorney acted in bad faith in advising the pension board to offset all his worker’s compensation benefits, including the 15% increase, and the pension board’s refusal to exempt his 15% increase in worker’s compensation benefits under Wis. Stat. § 102.57 resulted in his being ‘wantonly or recklessly wronged by the defendants.’ He contends that the ...

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00-3473 Downey v. State Farm Fire & Casualty Co.

“[T]he possibility of suit directly against the Director is created not by our decision but by the language of sec.4072 itself. It is an option, however, only when the Director has disallowed a claim. According to the FEMA’s amicus brief, the Director deals directly with claims in only some 5% of all cases; in the remainder, therefore, sec.4072 does not ...

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00-3301 Skycom Inc. v. Town of Elba Town Board, et al.

Skycom, Inc., appeals from an order denying its “motion for relief from judgment” and motion to amend its complaint. The issues relate to the scope of this appeal and whether the circuit court erred in denying the motion to amend the complaint. We affirm. This opinion will not be published. Dist IV, Dodge County, Bissonnette, J., Per Curiam Attorneys: For ...

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01-0356-CR State v. Stewart

Robert Stewart, appealing pro se, raises numerous issues challenging his conviction, after a jury trial, for operating a motor vehicle while under the influence of an intoxicant (OWI), fourth offense. The State concedes that the trial court failed to conduct a colloquy to determine whether Stewart voluntarily waived his right to counsel. Consequently, the State suggests that this court remand ...

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01-1934 Rendler v. Corus Bank

“Rendler requests this court to interpret the TILA as requiring a lender to provide a single document to a borrower, that reflects the total cost of a loan, regardless of the number or variety of loans that comprise a credit transaction. The heart of Rendler’s argument is that even though two distinct loans were issued, with two distinct and adequate ...

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00-2965 Drilias v. Capital City Partnership

William Drilias appeals a summary judgment dismissing his breach of contract action against Capital City Partnership. The trial court concluded that Drilias lacked the capacity to sue on a contract between Capital City and Festival Events, Inc. (FEI), because FEI’s assignment of the 1997 Management Agreement was invalid. We conclude that the record does not conclusively establish that the assignment ...

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01-0281 State ex rel. Redding v. Schwarz

David Schwarz, Administrator of the Division of Hearings and Appeals, appeals an order reversing a probation revocation decision. The issue is whether that decision was reasonable and supported by substantial evidence. We affirm the trial court’s determination that it was not. This opinion will not be published. Dist IV, Dane County, Albert, J., Per Curiam Attorneys: For Appellant: Eileen W. ...

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01-1932 In the Interest of Tyler W.P.: State v. Tyler W.P.

Tyler W.P. was found delinquent by the juvenile court of criminal damage to property of over $100 in value, as a party to a crime. His sole argument on appeal is that the testimony of the State’s witnesses was so inconsistent and contradictory to each other as to be incredible as a matter of law. The law is, however, that ...

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01-0250-CR State v. Lofgren

Jeffrey Lofgren appeals judgments sentencing him to fifteen years in prison for soliciting a child for prostitution and a consecutive 20-year term for second-degree sexual assault that was stayed in favor of 20 years’ probation. He also appeals an order denying his postconviction motion for resentencing. He argues that the trial court violated his due process rights when it prevented ...

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01-2892 U.S. v. Briggs

“A police officer’s response to a direct inquiry by the defendant does not constitute ‘interrogation.’ See United States v. Conley, 156 F.3d 78, 83 (1st Cir. 1998) (no interrogation where police responded after suspect repeatedly asked, ‘What’s this all about?’); United States v. Taylor, 985 F.2d 3, 6-7 (1st Cir. 1993) (no interrogation where police officer responded to suspect’s question, ...

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00-1052 Dells Boat Co. Inc. v. Village of Lake Delton

The Village of Lake Delton appeals a circuit court order reducing the assessed value of a parcel of land, owned by Dells Boat Company, from $2,679,300 to $1.2 million. The court granted Dells Boat’s request to recover the difference between the property tax paid pursuant to the Village’s assessed value and the circuit court-determined value, plus interest, for the years ...

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00-2043 In the Matter of Disciplinary Proceedings Against Kathryn P. Karlsson, Attorney at Law

And even though attorney Karlsson’s claims of intermittent anxiety and depression were verified, the medical reports from her internist did not demonstrate that her medical condition caused her to commit the misconduct with which she was charged and the reports from her psychologist do not establish causation for attorney Karlsson’s failings with respect to seven client files, especially since she ...

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00-3958 U.S. v. Fernandes

“The district court heard testimony from the County Prosecutor and concluded that the County Prosecutor undertook the search of Fernandes’s office so that he or his assistants ‘could engage in an examination of the files and papers that were left in the office … occupied by Fernandes.’ As borne out by the record, the County Prosecutor had a policy of ...

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00-2376 Town of Hallie v. City of Eau Claire

The Town of Hallie appeals that part of a summary judgment upholding two annexation ordinances. In turn, the City of Eau Claire cross-appeals that part of the judgment holding that the City violated the sewer extension provisions of Wis. Stat. sec. 60.52(1). With respect to the annexation ordinances, the Town argues that the ordinances are invalid due to: (1) the ...

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00-2356 Auman, a minor v. School District of Stanley-Boyd

“Trista entered the school property for educational purposes as required by the state’s compulsory school attendance and truancy laws. Furthermore, her participation in recess activities was required as part of the school district’s curriculum. Therefore, Trista was not engaging in a recreational activity under the statute.” Even though the child’s activity, sliding down a snow-pile, was similar to one of ...

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01-2471 U.S. v. Siegler

“[T]he district court relied on ample evidence in the record to determine that Siegler intended that Hauger be harmed in retaliation for her testimony against him. First, the court pointed to Siegler’s prior conduct: his mailing the discovery materials from his felon-in-possession case to Hester on Aug. 9, 1999. This act was directly linked to the actual threat because the ...

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00-3330 Keip v. Wisconsin Department of Health and Family Services

Caryl Keip, individually and as the special administrator of her deceased husband’s estate, appeals an order of the circuit court denying Keip’s motion for costs and fees incurred during certain litigation culminating in a decision by this court, finding that her individual retirement account (IRA) should not have been included by the Wisconsin Department of Health and Family Services as ...

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99-3331 State v. Tye

We further conclude that the evidence seized under this facially defective warrant must be suppressed. “As the circuit court wisely stated, the oath or affirmation requirement ‘is so basic to the Fourth Amendment that the Court simply can’t look at it as a technical irregularity not affecting the substantial rights of the defendant.'” Further, we are not persuaded by the ...

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00-2321 U.S. v. Hunt

“In sentencing Hunt, the district court stated that Hunt was ‘only being charged with his actual participation in the criminal offense for which he has been convicted’ and that ‘none of the conspiracy activities are being charged to [him] in the sentencing.’ However, the district court then proceeded to identify the amount of money that Hunt laundered and counted in ...

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01-0242 Deminsky v. Arlington Plastics Machinery Co.

“Here, then, we conclude that, regardless of whether the parties had a binding contract on November 3, 1995, or three days later when Image signed and returned the sales order, Image expressly agreed to the indemnification provision by signing and returning the form containing the provision. The ‘express conversation’ described in Air Products, 58 Wis. 2d at 214, occurred when ...

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