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00-3002 U.S. v. Hare

“Hare promised not to appeal, and he broke that promise. Defendants can obtain concessions in exchange for their promises in plea agreements only if those promises are credible. A defendant such as Hare who promises not to appeal, and then appeals anyway (requiring the United States to invest in the appeal the prosecutorial resources it sought to conserve), injures other ...

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00-3070 State v. Lopez

“Where the defendant has shown a prima facie violation of Wis. Stat. sec. 971.08(1)(a) or other mandatory duties and alleges that he or she in fact did not know or understand the information which should have been provided at the plea hearing, the burden will then shift to the State to show by clear and convincing evidence that the defendant’s ...

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00-2723-CR State v. Williams

Jimmy Williams appeals from judgments convicting him of forgery and theft, as a party to the crime, and two misdemeanors. He also appeals from an order denying postconviction relief. The convictions followed a jury’s guilty verdicts. The issues are whether the trial court erred by refusing to order scientific tests on certain physical evidence; whether Williams received effective assistance from ...

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00-2495, 00-2701 U.S. v. Elem

“In this case, the inconsistencies between Anderson’s grand jury testimony and his trial testimony do not undermine the legitimacy of the jury’s verdict for several reasons. First, the main purpose of Anderson’s testimony at trial was to identify Jennings and Elem as his accomplices. While Anderson may have mistaken minor details, nothing in Anderson’s grand jury testimony weakens his identification ...

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00-3122 In Re: the Commitment of Isaac H. Williams

We reject petitioners’ equal protection arguments – that they are being treated more harshly having been committed under ch. 980 as sexually violent persons than those committed under ch. 51 because: (1) commitment under ch. 51 is permitted for many reasons that do not implicate danger to others, while commitment under ch. 980 requires proof of a significant danger to ...

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01-0739 In the Matter of the Refusal of Darrell J. Shearer: State v. Shearer

Darrell Shearer appeals an order revoking his operating privilege for refusing to submit to a chemical test of his blood alcohol concentration under Wis. Stat. sec. 343.305. He claims the trial court erred in concluding that the arresting officer had probable cause to arrest him for operating a motor vehicle while under the influence of an intoxicant (OMVWI) before requesting ...

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99-4251 U.S. v. Danser

“A term of supervised release begins on the day an individual is released from incarceration. 18 U.S.C. sec. 3624(e). The term of any supervised release ‘runs concurrently with any Federal, State, or local term of probation or supervised release or parole for another offense to which the person is subject during the supervised release.’ Id. The Sentencing Guidelines also provide ...

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01-0676 Greene v. Greene, et al.

Richard Greene appeals from a circuit court order dismissing his complaint against Allan S. Greene on grounds of claim preclusion. We affirm the circuit court’s ruling on a narrower ground. We hold that the circuit court properly exercised its discretion to decline jurisdiction in this case because Richard was concurrently seeking relief from the prior judgment of dismissal in that ...

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01-0259 In the Matter of the Refusal of James M. Stratton: State v. Stratton

James Stratton appeals the circuit court’s order denying his motion to vacate the Feb. 10, 1997 order suspending his operating privilege. He contends the court erroneously exercised its discretion in denying the motion. We disagree and affirm. This opinion will not be published. Dist IV, Waushara County, Murach, J., Vergeront, P.J. Attorneys: For Appellant: James M. Stratton, Oshkosh; Paul G. ...

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01-1569 U.S. v. Shepard

“Both sec.3663A and its predecessor sec.3663 have been understood to require restitution only for direct losses and not for consequential damages and the other effects that may ripple through the economy. See, e.g., United States v. Arvanitis, 902 F.2d 489, 497 (7th Cir. 1990) (restitution is limited to the property subject to the offense and therefore excludes consequential losses such ...

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00-2089, 00-2796 In the Matter of the Attorneys Fees in Paustenbach, et al. v. Vishnevsky

Fourteen real estate partnerships and their six individual general partners (hereafter referred to as Vishnevsky) appeal from a judgment declaring how attorney fees will be determined in this class action and from an order imposing a $437,000 sanction for delay in implementing the settlement agreement. We conclude that the circuit court properly exercised its discretion in selecting the percentage of ...

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01-1334 City of Oconomowoc v. Verburgt

In this appeal, Christopher E. Verburgt raises several challenges to his conviction for drunk driving. First, he asserts that the videotape of the traffic stop does not demonstrate an observable basis for the suspicion that he was under the influence of alcohol and that the arresting officer’s conclusion that there was probable cause is faulty. Second, he asserts that there ...

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01-1564 U.S. v. Monteiro

“Mr. Monteiro cannot point to any specific abuse that might ensue from this special condition. In the absence of a more concrete objection on his part, we cannot say that the district court abused its discretion in allowing any law enforcement officers to conduct a search of Mr. Monteiro. “Determining the propriety of the special condition’s authorization of warrantless seizure ...

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01-0482 Marlin Easttown L.L.C., et al. v. Shopko Stores Inc., et al.

Shopko Stores Inc. appeals and Marlin Easttown Mall L.L.C. cross-appeals from a summary judgment involving a Reciprocal Easement Agreement and a Pylon Sign Agreement. The circuit court granted summary judgment to Marlin after determining that the easement agreement restricted the placement of Shopko’s lawn and garden center to one specified location in Shopko’s parking lot, and that Marlin was permitted ...

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00-3514-CR State v. Taylor

Everton Taylor appeals from the judgment of conviction for possession of marijuana with intent to deliver, as a party to a crime, following a jury trial. He argues that the trial court erred in denying his suppression motion because: (1) there was not probable cause for his warrantless arrest; and (2) testimony in support of the application for a warrant ...

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00-3096 In Re the Paternity of Nina R: Ronald J., et al. v. Lisa R., et al.

Lisa R. and Sandra H. appeal from an order and a judgment appointing Laurel W. guardian of Nina R. Lisa (Nina’s mother) and Sandra (Nina’s maternal grandmother) claim that there was insufficient evidence to terminate Sandra’s guardianship, that the trial court erred in transferring guardianship to Laurel (Nina’s paternal grandmother), that the trial court erroneously excluded certain evidence, and that ...

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00-2877 State v. Blue

The State appeals from a trial court order suppressing evidence resulting from an investigative stop of Kenneth Blue. A police officer approached Blue’s vehicle based on information obtained from an anonymous tip. During the approach, the officer observed suspicious behavior inside Blue’s vehicle. The State contends that the anonymous tip, when bolstered by the officer’s own observations, provided the officer ...

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00-2369 Sapko v. Commercial Union Midwest Insurance Company

Alan J. Sapko has appealed from a judgment entered in favor of his homeowner’s insurer, Commercial Union Midwest Insurance Company, following a jury trial. W e reverse the judgment and remand the matter for a new trial. This opinion will not be published. Dist II, Racine County, Kreul, J., Per Curiam Attorneys: For Appellant: Daniel M. Leep, Milwaukee For Respondent: ...

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01-0695-CR State v. Barbosa

Agripino Barbosa appeals from three judgments of conviction and an order denying him postconviction relief. Barbosa argues that the trial court relied on inaccurate information in sentencing and therefore sentence modification is warranted. While inaccurate information was presented to the trial court at sentencing, the trial court did not rely on the majority of the inaccurate information in arriving at ...

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01-2009, 01-2010 In Re the Termination of Parental Rights to Eternity E., Sierra E.: Dane County Department of Human Services v. Antjuan E.

Antjuan E. appeals the order terminating his parental rights to Eternity E. and Sierra E. On appeal, Antjuan contends that, after the trial court made its oral decision at the close of the dispositional hearing, it lost competency to sign and file a written order memorializing that decision when it did not do so within ten days. For the reasons ...

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99-2431 Furnish v. SVI Systems, Inc.

“The Equal Employment Opportunity Commission Regulations interpreting the ADA (‘ADA regulations’) describe major life activities as activities such as ‘caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’ 29 C.F.R. sec. 1630.2(i). While this list is intended to be illustrative, rather than exhaustive, see Sinkler v. Midwest Property Management Limited Partnership, 209 F.3d 678, 684 ...

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01-0863 Heyde Companies Inc., d/b/a Greenbriar Rehabilitation v. Dove Healthcare LLC

“The no-hire provision violates public policy by restricting Greenbriar therapists the right to freely sell their skills in the labor market. Without signing any agreement or even being given notice, a portion of the available labor market has been taken away. Not only are the therapists restricted from working for Dove, but with thirty-three other health care facilities that have ...

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01-0022, 01-0853 Woychik v. Ruzic Construction Company, et al.

Joycel and Celestine Woychik and Paula and Mark Woychik appeal summary judgments dismissing their tort claims against the Wisconsin Department of Transportation and governmental contractors for injuries incurred when Joycel and Paula drove through a construction site. The department and the governmental contractors contend that they are protected from the claims by governmental immunity. We agree and affirm the summary ...

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01-1119 Covington v. Illinois Security Service Inc.

“In dismissing Covington’s case, the district court concluded that Covington had been negligent in his ‘failure … to pick up his certified mail,’ and, as a result of his negligence, he should be barred from proceeding with his lawsuit. Whether Covington was negligent in retrieving his certified letter from the EEOC involves a factual inquiry that extends beyond the four ...

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00-1231 Town of Beloit v. County of Rock

“Moreover, a review of statutory law leads us to conclude that the legislature has considered and approved of municipal bodies acting in the dual role of subdivider and reviewing authority. … Finally, affidavits submitted by the Town indicate that it was required to and did submit its plat proposal to not only the Town’s Planning Commission, a separate entity from ...

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01-0236, 01-1184 01-1185 Trivalos v. F.H. Resort Limited Partnership

Bernhard Trivalos appeals from a judgment of the trial court dismissing his claim of negligent bailment and conversion. Because we agree with the trial court that F.H. Resort Limited Partnership (Fox Hills) did not breach its bailment obligation with regard to Trivalos’s trailer and because no evidence was provided to show that Fox Hills converted Trivalos’s trailer or his two ...

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01-0184 Wonka v. Cari, Special Administrator of the Estate of Edward Bierbrauer

Accordingly, where plaintiffs tried to access Edward’s interest in the proceeds from the sale of the bar in order to satisfy a tort judgment against him, the trial court properly ruled that the entire proceeds went to Edward’s wife as survivorship marital property. “In Simon v. Chartier, 250 Wis. 642, 645, 27 N.W.2d 752 (1947), our supreme court expressly held ...

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