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01-2004-CR State v. Sullivan

Brian Sullivan appeals the judgment of conviction for resisting an officer as a repeater, which was entered based on Sullivan's plea, and the order denying his postconviction motion to withdraw his plea or be resentenced. The motion was denied under Wis. Stat. Rule 809.30(2)(i) because the court had not decided it within 60 days. Sullivan ... Subscribe Login Digital and ...

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00-0889 State v. Davis

"This interpretation of Wis. Stat. § 971.11(7) granting a circuit court the discretion to dismiss a criminal case with or without prejudice best serves the legislative purposes: ...We further agree with the court of appeals that to interpret § 971.11(7) as requiring dismissal of a criminal case only without prejudice would deprive an inmate of ... Subscribe Login Digital and ...

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01-0488 Borge v. Wisconsin Tax Appeals Commission

"[T]he relevant language in Wis. Stat. § 71.05(6)(a)1 provides that Wisconsin taxpayers are to add to their federal adjusted gross income "any interest ... which is not included in federal adjusted gross income." The plain meaning of this language requires taxpayers to determine the types of interest that are expressly excluded from federal adjusted gross ... Subscribe Login Digital and ...

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01-1494-CR State v. Ventrice

Lawrence Ventrice appeals from a judgment of conviction for four counts of causing injury by use of a motor vehicle while under the influence of an intoxicant, and four counts of causing injury while operating a motor vehicle with a prohibited alcohol concentration. Ventrice contends: (1) the strict liability offense he is charged with entitles ... Subscribe Login Digital and ...

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01-0323 Zentgraf v. The Hanover Insurance Co.

"The Zentgrafs rely entirely on portions of Mr. Zentgraf's deposition. The brief portions to which they refer, however, aside from confirming that the Zentgrafs had a long-term marriage and two minor children, merely establish that although his treating physician had not restricted his activities, Mr. Zentgraf did not really want to do much other than ... Subscribe Login Digital and ...

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01-0615-CR State v. Borowitz

Richard Borowitz appeals a judgment convicting him on charges of manufacturing marijuana, and possessing it with intent to deliver. Borowitz entered a no contest plea to the charges after the trial court denied his motion to suppress much of the State's evidence against him. The issue is whether the search warrant application established probable cause ... Subscribe Login Digital and ...

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01-0549 State v. Kolp

This is because the officer who conducted the pat-down search of defendant had considerable experience in the execution of search warrants and he knew that persons involved in drugs often carried weapons."In this context, however, we do not distinguish between major and insignificant drug dealers or users in determining whether a frisk is reasonable. As ... Subscribe Login Digital and ...

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01-1837-CR State v. Arneson

The State of Wisconsin appeals from an order granting Brandy Arneson's motion to suppress evidence discovered after she consented to a search of her car. The issue is whether Arneson gave her consent voluntarily. Although we agree with Arneson that the holding in State v. Williams, 2001 WI App 249, __Wis. 2d__, 635 N.W.2d 869, ... Subscribe Login Digital and ...

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00-2257 Neldaughter v. State of Wisconsin Board of Nursing

Stacie Neldaughter appeals an order that affirms a decision of the Wisconsin Board of Nursing. The Board disciplined Neldaughter, formerly a registered nurse in Wisconsin, for misconduct and unprofessional conduct. She contends that the Board misinterpreted the administrative code provisions under which she was disciplined, violated her right to due process, lacked sufficient evidence for ... Subscribe Login Digital and ...

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01-1773-CR State v. Lenox

Roger Lenox challenges the sentence he received on his conviction for second-degree sexual assault of a child. Following his guilty plea, the court sentenced Lenox to 20 years' confinement and 10 years' extended supervision. Lenox contends that the sentencing court erroneously exercised its discretion by imposing an unduly harsh and excessive sentence. Because the record ... Subscribe Login Digital and ...

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00-3547 Howard v. Labor and Industry Review Commission, et al.

The Labor and Industry Review Commission (LIRC) appeals a circuit court order which reversed its determination that Alice Howard was ineligible for unemployment benefits under Wis. Stat. sec. 108.04(7)(a) (1999-2000) because she voluntarily terminated her employment. The issue turns on the resolution of a factual dispute between Howard's testimony that she was fired and her ... Subscribe Login Digital and ...

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01-0530-CR State v. Hoye

Darwin Hoye appeals a judgment of conviction for being party to the crime of first-degree recklessly endangering safety by use of a dangerous weapon. He claims: (1) the evidence was insufficient to support a probable cause determination at the preliminary hearing; (2) the prosecutor made an unsupported assertion regarding extradition at the bail hearing; (3) ... Subscribe Login Digital and ...

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00-2844 Mendard Inc. v. Labor & Industry Review Commission

David Larson appeals an order reversing a decision of the Labor and Industry Review Commission. The commission held that Menard, Inc., had discriminated against Larson because of his arrest record in violation of Wis. Stat. sec. 111.31, the Wisconsin Fair Employment Act. The circuit court reversed because Larson did not establish a prima facie case ... Subscribe Login Digital and ...

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01-0973-CR State v. Odell

Fred J. Odell appeals an order of the circuit court denying his postconviction motion. We affirm. This opinion will not be published.Dist IV, Dane County, Fiedler, J., Lundsten, J.Attorneys:For Appellant: Fred J. Odell, MadisonFor Respondent: Paul W. Humphrey, Madison; Alexander B. Shapiro, Madison Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 Print, digital and ...

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01-0729 Palmer, et al. v. Dupont Mutual Insurance Company

Dupont Mutual Insurance Company appeals a summary judgment ordering it to pay the limits of its homeowners insurance policy issued to William and Karen Palmer. Dupont argues that the Palmers were not occupying their house as a dwelling under Wis. Stat. sec. 632.05(2), the valued policy law, when a fire destroyed their house. We conclude ... Subscribe Login Digital and ...

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01-1809 Boyd v. Wexler

"[P]retrial discovery revealed that in a recent eight-and-a- half-month period Wexler's firm sent out 439,606 pieces of mail, which according to the deposition testimony of one of the firm's lawyers consisted overwhelmingly of collection letters. That is an average of 51,718 a month. So Wexler's firm must be large-but no, it turns out to have ... Subscribe Login Digital and ...

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01-2052, 01-2053, 01-2054, 01-2055 I Re the Termination of Parental Rights to Savannah S., Jacob S., Felicia S., Sasha S.: Langlade County v. Janet S., Eugene S.

Janet S. and Eugene S. appeal from orders terminating their parental rights to their children. They argue that: (1) the evidence introduced at the fact-finding hearing was insufficient to establish that the Langlade County Human Services Department made diligent efforts to provide the services ordered by the trial court; (2) the trial court erred by ... Subscribe Login Digital and ...

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01-1361 Bennington v. Caterpillar, Inc.

"In cases where the age difference between the plaintiff and the individual treated more favorably is less than ten years, 'the plaintiff still may present a triable claim if [he] directs the court to evidence that [his] employer considered [his] age to be significant.' Id. Bennington has not presented any evidence that Caterpillar's decisions affecting ... Subscribe Login Digital and ...

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01-1104 Flores, et al. v. Raz

"Here, it is clear that everyone knew that Board approval was necessary. Indeed, the parties met with the executive director, who encouraged the sale. The facts and circumstances point to the parties' intention that Board approval would be necessary to complete the sale. Thus, the Board's approval was an implied condition precedent to enforcement of ... Subscribe Login Digital and ...

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01-1829-FT Olsen's Mill Inc. v. Portage County Wisconsin Board of Adjustment, et al.

Olsen's Mill appeals a circuit court order affirming a decision by the Portage County Board of Adjustment on certiorari review. The issue is whether the board exceeded its authority when it modified a condition attached to a special exception permit to allow the Town of Stockton to use a letter of credit provided by Olsen's ... Subscribe Login Digital and ...

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00-2414 Worth v. Tyer, et al.

"[T]he EEOC sent Worth a right-to-sue letter on October 21, 1996. Thus, defendants could have sought to dismiss Worth's complaint at any time before October 21... However, it was defendants' duty to bring any deficiency in Worth's complaint to the court's attention and they failed to do so in a timely manner. Therefore, defendants' argument ... Subscribe Login Digital and ...

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00-3430 Ag Services of America, Inc. v. Krejchik, et al.

"We find persuasive the following language of the Colorado Court of Appeals: 'In the intricate and complicated business of banking, absolute exactness and particularity in regard to names is absolutely indispensable, not only for the security of the bank, but of those doing business with it.' German Nat'l Bank, 39 P. at 72. The Colorado ... Subscribe Login Digital and ...

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00-3421 Town of Windsor v. Village of DeForest, et al.

The Town of Windsor appeals orders dismissing its challenge to annexation of 234 acres of its land by the Village of DeForest. The land is part of 723 acres owned by ACATT Holding Corporation, formerly ABS Global Inc. (ABS). The parties had previously agreed that DeForest would limit its annexation to the other 489 acres ... Subscribe Login Digital and ...

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00-1860 Bloedorn v. Francisco Foods, Inc.

"Given the nature of the unfair labor practices charged in this case and the evidence supporting the Director's allegations, interim relief would serve the public interest. If, as the Director alleges, FFI deliberately displaced the Union by refusing to hire RSI employees it otherwise would have hired, it committed violations that strike at the heart ... Subscribe Login Digital and ...

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01-1088 State v. Carlson

"The plain language of Wis. Stat. § 978.045 authorizes two distinct ways in which a court may appoint a special prosecutor. This is signified by the use of the word 'or.' Subsection (1g) states that a court may appoint a special prosecutor either on its own motion 'or' when a district attorney makes a request ... Subscribe Login Digital and ...

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01-0520-CR State v. Anderson

Maxine Anderson appeals from a judgment convicting her of child abuse and first-degree reckless homicide. On appeal, she argues that she was prejudiced by the prosecutor's improper cross-examination of her, the circuit court should have granted her motion for a mistrial due to the prosecutor's conduct, and the prosecutor's conduct deprived her of her right ... Subscribe Login Digital and ...

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01-0231 VanCleve v. City of Marinette

"The statute states that if the damages are caused by the wrong of the City 'and of any person, or private corporation, such person or private corporation shall be primarily liable therefor.' Wis. Stat. § 81.17. Therefore, a person who has any liability is liable for the entire judgment."And, even though the city did not ... Subscribe Login Digital and ...

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01-1443 State v. Cotton

Andrew Cotton appeals his judgment of conviction of a disorderly conduct municipal forfeiture and an order denying his motion to suppress evidence. Cotton argues that there was no reasonable suspicion to pull his car over and that his continued detention was unjustified. We conclude that Cotton failed to preserve these issues in the context of ... Subscribe Login Digital and ...

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01-0970 Beverly Enterprises, Inc. v. Wisconsin Labor and Industry Review Commission

"We do not agree with Beverly Enterprises that we should begin our analysis by deciding if LIRC's interpretation of 26 U.S.C. § 104(a)(1) in [Lancour v. Mauer Bakeries, WC claim No. 84-54115 (LIRC 1990)] was correct. The basis for LIRC's decision that Beverly Enterprises owed Lewis-Jones $10,097.30 was not a rejection of the merits of ... Subscribe Login Digital and ...

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01-1950 In the Matter of the Refusal of Steven C. Hinzman: State v. Hinzmann

Steven Hinzmann appeals from the trial court's order determining that he unlawfully refused to submit to a chemical test. He contends that since he did ultimately agree to submit to a blood test, the purpose of the refusal statute was met and that certain of the officer's explanations and the officer's attempt to obtain his ... Subscribe Login Digital and ...

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