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01-1224-FT Tomlin v. Langlade County

This is an appeal of a small claims judgment awarding Marvin Tomlin compensation for damages to his motor vehicle that the trial court found were caused by the County’s negligent snowplow operation. The County contends that the trial court erred ...

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99-4162 Edwards v. U.S.

“The policy on which the [Houston v. Lack, 487 U.S. 266 (1988)] Court relied – that is, that institutional constraints prevent prisoners from monitoring the delivery of a notice of appeal after it has been entrusted to the prison authorities ...

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01-0827 State v. McGuire

The State of Wisconsin appeals from a trial court order dismissing its action against Scott McGuire. McGuire is the licensee for the service of alcoholic beverages at the Sports Page Bar & Grill. The State cited both McGuire and his ...

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00-2269, 00-2723 U.S. v. Bogan

“In the factual situation before us, the evidence of the wine-making activity of Bogan and Calhoun serves to complete and answer a conceptual void in the history of the crime. To the lay juror, most likely unfamiliar with the manufacturing ...

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00-2875-CR State v. Balli

Lorenzo Balli appeals a judgment convicting him of attempted escape. The issue is whether there was a sufficient factual basis for the conviction. We conclude that there was. Accordingly, we affirm. This opinion will not be published. Dist IV, Columbia ...

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00-2665 U.S. v. Higgins

“There is no indication that the district court believed that Higgins intended to actually deprive ONB of the full $420,000 he purported to be depositing, as opposed to merely impressing the bank with his importance and then using some smaller ...

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01-0708 Lane v. Sharp Packaging Co. et al.

“Here, Lane alleges that Niebler acted ‘maliciously’ and ‘[w]ith actual intent to … defraud Lane’ and that Niebler ‘exceeded the bounds of his professional obligation to Sharp and the Scarberrys and became an active participant in … fraudulent activities, acting ...

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01-0621 City of Madison v. Jawara

Duke Jawara appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). The precise nature of Jawara’s claim of error cannot be ascertained from his brief, but it appears that he is ...

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00-2396 U.S. v. Martinez-Garcia

“[I]t is clear that the conduct admitted by Garcia in his plea of guilty to Count I of the 1988 Information fits within the parameters of an ‘attempt’ to commit a ‘theft offense.’ The 1988 Information charged Garcia with the ...

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01-1474-CR State v. Merkes

Karla R. Merkes appeals a judgment of conviction for causing injury by operating a motor vehicle while under the influence of an intoxicant. She contends the trial court erred in concluding that the officer had probable cause to arrest her. ...

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01-1202 U.S. v. Frykholm,

“The district court did not deny her responsibility based solely upon the fact that she told the probation officer that she had never done anything wrong. The district court instead declined to give Frykholm the bargain-rate sentencing discount because she ...

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00-0422-CR State v. Famous

Ronnie Famous has appealed from a judgment convicting him of four counts of first-degree sexual assault of a child, and one count of exposing a child to harmful material. He has also appealed from an order denying a portion of ...

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99-3084 State v. Koller

“The prejudice issue here is whether his counsel’s performance resulted in the seating of a biased juror, not whether a differently composed jury would have acquitted him. … Accordingly, at the postconviction stage Koller needed to show that if his ...

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00-3205-CR State v. Kelly

David L. Kelly appeals from a judgment of conviction of first-degree sexual assault of a child. He argues that his constitutional rights were violated by the exclusion of evidence of the victim’s prior sexual contacts and by admission of his ...

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98-3107 In Re: the Commitment of Ronald G. Sorensen

“However, we remand the case for a determination whether it was fundamentally unfair to apply the doctrine at his trial and with directions that the court consider the fifth factor set out by the court in Michelle T. v. Crozier, ...

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00-3312-CR State v. Cruz

Antonio Q. Cruz appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He argues on appeal that he is entitled to a new trial in the interests of justice because the ...

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00-2942 In Re the Marriage of: Sorensen v. Sorensen

Philip Sorensen appeals his divorce judgment and challenges child support, maintenance, property division and attorney fees. His former wife, Elaine Sorensen, cross-appeals, challenging maintenance, the allocation of debts, and the award of attorney fees. We affirm the judgment. This opinion ...

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00-2172 Harris v. City of Chicago, et al.

“[D]efendants’ contention that Ramos was willing to speak freely at the Sept. 28, 1998 deposition is belied by the fact that, at that deposition, Ramos invoked the Fifth Amendment in response to several general questions which could not possibly have ...

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99-3017 Stanciel v. Gramley, et al.

“Stanciel has presented an argument that the district court abused its discretion by dismissing defendants Lowery, Kelly, and Reider for lack of timely service. He claims the district court erred by invoking Local Rule 7.1(B) to dismiss defendants for improper ...

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

“[W]hen the duties or rights of the United States are at stake under a federal program, that federal interest requires the application (and if necessary the creation) of federal law… If FEMA were the defendant in our case, we would ...

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00-2933 Sanville v. McCaughtry, et al.

“Plaintiff claims that, once Matt covered his cell openings with toilet paper, the guards were aware of the substantial risk that Matt would commit suicide. She asserts that the guards already knew: 1) that Matt had written a last will ...

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01-0202-FT Eytcheson v. Eytcheson

Randy Eytcheson appeals a judgment declaring Howard Eytcheson’s rights in a boundary dispute and dismissing Randy’s claim for adverse possession. Randy argues that (1) the evidence sufficiently establishes his claim of adverse possession; (2) a fence line establishes his claim; ...

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00-1021 Sparing v. Village of Olympia Fields, et al.

“This case does not fit within the thin middle ground established by [United States v. Berkowitz, 927 F.2d 1376 (7th Cir.1991)], but is a case where [Payton v. New York, 445 U.S. 573 (1980)] applies. What puts this case beyond ...

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00-2972-CR State v. Apel

Terry A. Apel appeals judgments of conviction for homicide, attempted homicide, and conspiracy to commit homicide related to the death of Pamela Schultz, his fiancée’s daughter. Apel contends the trial court erred in denying his motions to suppress the evidence ...

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99-4153, 99-4226 DeBoer, et al. v. Village of Oak Park, et al.

“We believe that the NDP assembly is a ‘civic program or activity,’ as the Village has defined the term, and that the Village’s denial of the plaintiffs’ application to use the Village Hall constitutes viewpoint discrimination. In adopting the philosophical ...

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