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00-507 Chickasaw Nation v. U.S.

The statute's language is too strong to give the chapter 35 reference independent operative effect. The unambiguous language outside the parenthetical says without qualification that the subsection applies to "provisions ... concerning the reporting and withholding of taxes"; and the language inside the parenthetical, prefaced with the word "including," literally says the same, since to ... Subscribe Login Digital and ...

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00-3383 State v. Olson

"Here, the reasonable suspicion that Olson was involved in the burglary, the strong governmental interest in solving crimes, and the purposeful avoidance of the police by Olson make Bach's traffic stop a reasonable one under the facts and circumstances of this case. Accordingly, Olson's evidentiary challenge must fail, and any statements made by her during ... Subscribe Login Digital and ...

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01-0900-CR State v. Pierce

Darryl Pierce appeals a judgment convicting him of attempted armed robbery and an order denying postconviction relief. He argues that he was denied effective assistance of counsel because defense counsel failed to impeach a key prosecution witness with inconsistent statements. Because Pierce fails to demonstrate prejudice, we affirm the judgment and order. This opinion will ... Subscribe Login Digital and ...

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00-1004 Robinson v. John Doe, et al.

"He isn't challenging the arrest, or the seizure of evidence pursuant to it, but the (alleged) use of excessive force by the police in effecting the arrest. It might appear that because the defendants deny having used excessive force, the plaintiff could not prevail in this suit without proving them to be liars; and that ... Subscribe Login Digital and ...

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01-0139 Maxy v. Meyer

Childeric Maxy, pro se, appeals the circuit court's order dismissing his small claims complaint against Julia Meyers for compensation and for return of personal belongings left at her home. For the reasons explained below, we affirm. This opinion will not be published.Dist IV, La Crosse County, Mulroy, J., Vegeront, P.J.Attorneys:For Appellant: Childeric Maxy, Green BayFor ... Subscribe Login Digital and ...

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01-1696-FT State v. Butz

Diane K. Butz appeals from the decision of the trial court finding that her refusal to submit to chemical testing was unreasonable. In this appeal, she challenges the credibility of the arresting officer and contends that if the finder of fact would "discount[] the untruths told by the arresting officer," there was no probable cause ... Subscribe Login Digital and ...

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00-3760 O'Reilly v. Hartford Life & Accident Ins. Co.

"Mr. O'Reilly argues that the Plan requires a finding of total disability if he is not able to earn at least 60% of his pre-disability income. He maintains that any position that does not provide compensation at this level ought not be considered an occupation for which he is or could become qualified. After all, ... Subscribe Login Digital and ...

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01-1509-FT Mayville Die & Tool Inc. v. Weller Machinery Company, et al.

Mayville Die & Tool Inc. appeals a summary judgment which dismissed its misrepresentation claims against Weller Machinery Company. The issues are: (1) whether the fraudulent advertising statute, Wis. Stat. sec. 100.18(1) (1999-2000), applies to representations made between parties who have an ongoing business relationship and, if so, whether the economic loss doctrine precludes recovery under ... Subscribe Login Digital and ...

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01-1908-FT City of Menomonie v. Herman

Jeno Herman appeals a judgment convicting him of operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration. He argues that the trial court erred by denying his motion to suppress because the arresting officer did not have reasonable suspicion to request and administer field sobriety tests. This court ... Subscribe Login Digital and ...

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00-2708 Johnson v. ITT Industries, Inc.

"There is nothing unlawful about a leave policy that distinguishes between leave that is due to a court order and leave to enable an employee to engage in private business, including the filing of lawsuits. It would be one thing if an employer deliberately strewed unreasonable obstacles in the path of employees seeking to enforce ... Subscribe Login Digital and ...

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01-1947-FT In Re the Marriage of: Muchow v. Muchow

Laurie Muchow appeals the judgment divorcing her from Michel Muchow. The issue is whether the trial court properly valued Michel's pension for purposes of dividing the marital property. We affirm the trial court's valuation as a proper exercise of its discretion. This opinion will not be published.Dist IV, Rock County, Roethe, J., Per CuriamAttorneys:For Appellant: ... Subscribe Login Digital and ...

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01-1763-CR State v. Baskin

Scott Baskin appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence based upon a lack of reasonable suspicion to stop him for a traffic violation. We disagree and affirm the judgment. ... Subscribe Login Digital and ...

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01-1440 Vargas-Harrison v. Racine Unified School District, et al.

"As principal, Ms. Vargas-Harrison served as the highest ranking school official at Knapp Elementary. In this position, she exercised discretion over the organizational structure of her school. She assisted in the selection, supervision and evaluation of the faculty at Knapp. The responsibility for leading the development of curriculum and instruction fell to her. These duties, ... Subscribe Login Digital and ...

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01-0028 In Re the Marriage of: Buzzell v. Buzzell

Karen Buzzell appeals the property division awarded in a judgment divorcing her from James Buzzell. Karen claims the trial court erred in awarding James the entire value of his 401(k) plan, instead of dividing the increase in the plan's value during the marriage equally between the parties. She also cites as error the trial court's ... Subscribe Login Digital and ...

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01-1350-FT In the Matter of the Refusal of Ryan M. Horneck: State v. Horneck

Ryan Horneck appeals from the circuit court's order revoking his driving privileges for refusing to submit to a chemical test requested pursuant to Wisconsin's Implied Consent Law, Wis. Stat. sec. 343.305. At the refusal hearing, Horneck contended, as he does now on appeal, that the arresting officer lacked the authority under the Fourth Amendment to ... Subscribe Login Digital and ...

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01-2410 Kinney v. Federal Security, Inc.

"We agree with Kinney that the district court's judgment should be vacated and the case dismissed because the appeal is moot. See Barbour, 583 F.2d at 337. However, the mootness of the appeal and the vacatur of the district court's judgment does not preclude the district court's consideration of Federal Security's request for fees. See ... Subscribe Login Digital and ...

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01-0122 Patenaude v. Safeco Insurance Company of America

Don Patenaude appeals a summary judgment dismissing his breach of contract and bad faith claims against Safeco Insurance Company of America. We conclude that Patenaude failed as a matter of law to comply with the terms of his insurance policy by refusing to submit to examinations under oath. We affirm the judgment. Not recommended for ... Subscribe Login Digital and ...

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01-1674-CR State v. Caldwell

Danny R. Caldwell appeals from an amended judgment of conviction imposing an added period of confinement as a condition of probation. Caldwell contends that the trial court's modification of the judgment violated his due process rights as set out in State v. Hays, 173 Wis.2d 439, 496 N.W.2d 645 (Ct. App. 1992). We disagree. We ... Subscribe Login Digital and ...

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00-1891 Miller Aviation v. Milwaukee County Board of Supervisors, et al.

"Wis. Stat. sec. 114.14 provides that '[t]he governing body of a city, village, town or county may adopt regulations, and establish fees or charges for the use of [an] airport or landing field . . . .' Miller alleges that the County violated sec. 114.14 by 'charging [it] unreasonable rental fees.' There is nothing in ... Subscribe Login Digital and ...

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01-1316-FT Capitol Indemnity Corporation v. Nolan, et al.

Western Surety Company appeals a summary judgment ordering Western to pay $13,200 for contribution to Capitol Indemnity Corporation. Western argues that: (1) the terms of its indemnity bond between Western and its principal were not met; (2) Capitol and Western are not liable for the same obligation; and (3) Capitol did not pay more than ... Subscribe Login Digital and ...

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00-3384 State v. Kazee

Terry Kazee appeals from an order denying his "motion for relief from judgment and order." He contends that the trial court improperly construed his attempt to have a sentence following revocation declared illegal as a petition for a writ of certiorari rather than as a petition for a writ of habeas corpus. We conclude that ... Subscribe Login Digital and ...

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00-2694 U.S. v. Reed

"Reed contends that his lies were immaterial because Officer Carpenter knew he was lying, and consequently, his lies had no effect on the government's investigation. Reed relies on a Sixth Circuit case in which the court concluded that a defendant's lies during interrogation did not constitute a 'substantial material breach' of a transactional immunity agreement. ... Subscribe Login Digital and ...

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00-3008 Kopke, et al. v. A. Hartrodt S.R.L., et al.

Cartiere Binda in Liquidazione S.p.A. (Binda), an Italian paper manufacturer, appeals a judgment dismissing its third-party complaint against its insurer, Riunione Adriatica Di Sicurta S.p.A. (RAS). Binda argues that the circuit court erroneously determined that it had no personal jurisdiction over RAS. Although we employ a different rationale from that of the circuit court, we ... Subscribe Login Digital and ...

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01-1338; In the Matter of Disciplinary Proceedings Against James H. Dumke, Attorney at Law

"The OLR complaint against Attorney Dumke alleged, and the referee so found, that after undertaking to represent a client in a specialized area of law with which he was unfamiliar and inexperienced, Attorney Dumke had failed to gain the requisite knowledge, do the necessary preparation, or seek appropriate assistance to enable him to provide adequate ... Subscribe Login Digital and ...

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01-1607-FT Endl v. School District of Beloit

Kelly Endl appeals the trial court's judgment dismissing her claim against the School District of Beloit. Endl argues: (1) that the School District breached its voluntary agreement to settle her federal discrimination claim; (2) that the School District violated the principles of equity when it denied her claim for medical coverage; and (3) that the ... Subscribe Login Digital and ...

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01-0765 In the Matter of Disciplinary Proceedings Against Christopher L. O'Byrne, Attorney at Law

"Attorney O'Byrne's misconduct with respect to his handling of the estate and his failure to cooperate with the OLR's investigation are serious failings warranting a suspension of his license. A 60-day suspension of his license to practice law is appropriate discipline for his professional misconduct."So ordered. Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 ...

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01-0412 Wistrom v. Employers Insurance of Wausau, et al.

Gary Wistrom appeals a summary judgment dismissing his claims for wrongful disclosure of medical records against Employers Insurance of Wausau and its employee, Margery Derby. We conclude that, under Wis. Stat. sec. 102.13(2)(a), an employee waives the physician-patient privilege with regard to any condition reasonably related to the condition for which the employee claims worker's ... Subscribe Login Digital and ...

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99-3328-CR State v. Oakley

"Even though the motion for reconsideration is denied, we find it appropriate now to withdraw the following language from the third sentence in paragraph 3, '-where one of the victims was his own child', and the following language from the third sentence in paragraph 14: 'his own child and'. Justice William A. Bablitch withdraws the ... Subscribe Login Digital and ...

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01-0296 State ex rel. Machotka v. Bartlett

Marsha Machotka appeals from an order denying her motion to establish a past child support obligation against William Bartlett. Bartlett argues that Machotka's motion is barred by Wis. Stat. sec. 767.32 (1997-98) and claim preclusion. We agree that Machotka has not shown she has met the requirements of sec. 767.32 and therefore affirm. Not recommended ... Subscribe Login Digital and ...

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00-2946 U.S. v. Gracia

"Although not applicable to the 1998 guidelines used in Gracia's case, we note that as of Nov. 1, 2000, the Sentencing Commission amended the Statutory Index (Appendix A), specifying which guideline section applies to the statutory conviction. The Commission wrote:'The amendment modifies secs. 1B1.1(a), 1B1.2(a), and the Statutory Index's introductory commentary to clarify the inter-relationship ... Subscribe Login Digital and ...

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