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01-0499-CR State v. McCoy

Bernard J. McCoy appeals from a judgment entered on a jury verdict finding him guilty of delivery of fewer than five grams of cocaine, within 1,000 feet of a school, as party to a crime. He also appeals from the trial court’s order denying his motion for postconviction relief. He claims that he was denied a fair trial when the ...

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00-2627 Teleport Inc. v. Ameritech Mobile Communications Inc.

“As a matter of law, Tele-Port’s obvious concern about Car Phones+’s significant success in the market, combined with what Gary Rosenberg told his brother and Tele-Port’s own receipt of money apart from the cooperative advertising funds, gave Tele-Port sufficient information to trigger the required inquiry so that it would have, in the exercise of reasonable diligence, discovered more than one ...

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01-0595 County of Dane v. Mawhinney

Jeffrey J. Mawhinney was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as first offenses. He moved to suppress the results of a blood alcohol test. The circuit court granted the motion because it concluded that the police did not have probable cause to arrest. Because we conclude that ...

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01-0689-CR State v. Tinder

William L. Tinder appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant. He suggests that the circuit court erred in denying his motions to suppress evidence of his blood alcohol content. For the following reasons, we affirm. This opinion will not be published. Dist IV, Rock County, Dillon, J., Lundsten, J. Attorneys: ...

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01-0955 State v. Dodski

Deborah Dodski appeals her judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), first offense. Dodski argues that the warrantless draw of her blood for noncriminal OWI violates the Fourth Amendment. We reject Dodski’s argument and affirm. This opinion will not be published. Dist III, Vilas County, Mohr, J., Peterson, J. Attorneys: For ...

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00-2308 City of Milwaukee v. Burnett, et al.

However, we also agree with defendants that portions of the injunction are impermissibly vague. “Twenty-five foot restriction. Appellants also challenge the provision of the injunction that prohibits them from ‘[s]tanding, sitting, walking, driving, gathering or appearing anywhere in public view within 25 (twenty-five) feet of any other [person subject to the injunction] engaged in any of the [activities proscribed by ...

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01-0598-CR State v. Peterson

Patrick Peterson appeals from a judgment of conviction for first-degree intentional homicide and hiding a corpse, and from an order denying postconviction relief. Peterson asserts that he should be allowed to withdraw his guilty plea to the homicide charge because he did not know that the circuit court had the authority to establish his parole eligibility date or to deny ...

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01-0222 State v. VanLaarhoven

“In addition to VanLaarhoven’s implied consent to a chemical analysis of his breath, blood or urine, he was given the information in the Informing the Accused form twice-once before a breath sample was attempted and again before the blood sample was taken. Both times, after having been read the Informing the Accused form, VanLaarhoven voluntarily submitted to the testing procedure. ...

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00-3378 Grandaw v. Schwarz

Peter Grandaw appeals from a circuit court order affirming his parole revocation. Grandaw, whose parole was revoked because he sexually assaulted two women, seeks a new revocation hearing on grounds that he was denied due process at the hearing because (1) the administrative law judge (ALJ) required Grandaw to sit next to her, making private communication between Grandaw and his ...

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01-0019 In Re the Marriage of: Gouty-Yellow v. Yellow

Francis Yellow appeals from an order modifying his child support payments to his ex-wife, Tina Gouty-Yellow, in response to a motion by the State of Wisconsin. He claims the State failed to meet its evidentiary burden of showing a substantial change of circumstances since entry of the prior order, and that, even assuming there was sufficient evidence from which a ...

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00-3334 State v. Wenk

“The differences of opinion between the doctors and the trial court lay with their prediction of Wenk’s likely behavior when released. The trial court remarked that, although Wenk had not abused drugs for ten years, his sexual assaults were directly related to his mental illness brought on by his use of inhalants. Despite the doctors’ beliefs that Wenk would not ...

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00-1802 In the Matter of the Special Assessment #R-98-32 of the City of Chippewa Falls: Moehagen v. City of Chippewa Falls

The City of Chippewa Falls appeals that part of a judgment setting aside a special assessment against residential property owned by Edwin and Kathy Moehagen. The City argues that the circuit court erred by concluding that the method used to determine the special assessment was unreasonably applied. We reject the City’s argument and affirm the judgment. This opinion will not ...

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00-4059 Greer v. Board of Education of the City of Chicago

“This case is somewhat unusual because it involves a school district’s reliance upon a consent decree, which was designed to eliminate vestiges of discrimination and to promote equal opportunity for minority teachers and students, as the basis for denying an African-American a teaching position at one particular school. Nevertheless, nothing prevented Greer from obtaining work at other schools in the ...

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00-0915 Schultz v. Sykes, et al.

“There are few, if any, functions of a circuit court more vital in maintaining its dignity or accomplishing the purposes of its existence than ensuring the truthful disclosure of facts. When parties attempt to influence witnesses to lie under oath, this at best interferes with the court’s ability to impartially adjudicate the instant case, and at worst can undermine both ...

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00-3182 Schultz v. Trascher

Barbara Trascher appeals from a judgment entered following a court trial dismissing Suzanne Schultz’s claims for adverse possession and prescriptive easement, but concluding that the fence Trascher erected on her own property constituted a private nuisance. The trial court concluded that the placement of the fence unreasonably impaired Schultz’s use and enjoyment of her garage. The trial court ordered Trascher ...

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01-1155 Kepple v. Massanari

“The ALJ’s conclusion that Kepple is not disabled is supported by the opinion of the medical expert, as well as two ophthalmologists. In addition, the fact that Kepple is able to drive a car, watch television, and take care of three small children belies his argument that his vision is so significantly impaired as to prevent him from working. Furthermore, ...

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00-2595 In Re Schultz v. Sykes: The Journal Sentinel, Inc. v. Schultz

John’s various constitutional challenges are similarly unavailing. Order concluding that 50% of John’s wages were subject to garnishment to satisfy a judgment against his wife is affirmed. Recommended for publication in the official reports. Dist I, Milwaukee County, Dugan, J., Dykman, J. Attorneys: For Appellant: John R. Schultz, Mequon, pro se For Respondent: John R. Dawson, Milwaukee; James L. Huston, ...

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01-0748-FT Belisle v. Belisle

Paul Belisle appeals a judgment of foreclosure entered in favor of his mother, Shirley Belisle. He argues that the court erroneously (1) applied the statute of frauds; (2) found that he was in default in making land contract payments; and (3) failed to credit payments he made on the contract. We reject his arguments and affirm the judgment. This opinion ...

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01-1172, 01-1176 In the Matter of: Mexico Money Transfer Litigation

“Were the class’s claims worth more than $40 million, plus the cy pres relief, plus the value of the injunction? Like the district court, we think not – indeed, we think that the claims had only nuisance value (including their value in generating bad public relations for the defendants). This settlement is more in the nature of a PR gesture… ...

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00-3544 Purdy v. Cap Gemini American Inc.

Even though plaintiff’s request for attorneys’ fees is based on a contract, not on a statute, and the request in Hartman v. Winnebago Cty., 216 Wis.2d 419 (1998) was made pursuant to 42 U.S.C. sec. 1988, which specifically provides that sec. 1988 attorneys’ fees are “costs,” we conclude that the proffered distinctions are unavailing. “As we have noted, the supreme ...

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00-2296 Strahm v. General Casualty Insurance Company of Wisconsin, et al.

Allstate Insurance company appeals a judgment awarding Amy Strahm $53,500 for injuries she suffered in a traffic accident with its insured, George Cielinski. Strahm had previously been in three other accidents that were consolidated for trial. The other three defendants settled with Strahm before trial. Allstate argues that the trial court improperly exercised its discretion when it refused to allow ...

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99-3323 Malachinski v. Commissioner of Internal Revenue

“Even if Dr. Malachinski’s remittance could be considered a payment rather than a deposit when it was transferred and credited to his 1982 account, sec. 6512(b)(4) nevertheless prevents the tax court from exercising jurisdiction over the remittance. … The Senate Report explains that … ‘the Tax Court does not have jurisdiction over the validity or merits of the credits or ...

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01-0178 Gragg v. American Family Mutual Insurance Co.

“The Graggs next argue that where two people sustain bodily injury in a single accident, the highest limit of liability referred to in the ‘two or more cars insured’ clause is the $300,000 per accident limit. While the rule thus stated is accurate, it does not apply in this case. The injuries suffered by Karen and Brittany are derivative claims ...

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01-0238-CR State v. Scheiwe

Michael Scheiwe appeals from a judgment of conviction for 14 counts of criminal nonsupport. Scheiwe argues that 12 of the counts should be dismissed because they are barred by the statute of limitations or the doctrine of laches. He also seeks a new trial on grounds that the trial court erroneously admitted hearsay testimony concerning Scheiwe’s intention to avoid paying ...

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01-1173 Bliss Salon Day Spa v. Bliss World, LLC

“So far as the record reveals, not a single customer has ever expressed confusion about source, returned one of Bliss World’s products to Bliss Salon seeking a refund, or complained to Bliss Salon abut the high prices in Bliss World’s catalog. Bliss Salon has not conducted a survey or offered any other means by which the district court infer a ...

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00-3083 State v. Haynes

“Here, there does not appear to be any delay between the traffic violation and the officer’s decision to act. Grabski testified that after witnessing the violation, he immediately activated his emergency lights and siren. Grabski’s pursuit of Haynes was continuous and uninterrupted. In addition, the period of time between the violation, the start of the pursuit and Haynes’s apprehension was ...

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00-3264-CR State v. Bullard

Barry Bullard appeals a judgment of conviction, entered after a jury trial, on eight drug charges and an order denying postconviction relief. Bullard argues (1) that portions of the second amended information should be dismissed because there was no preliminary hearing; (2) that counts 1 and 2 are multiplicitous; (3) that he was denied effective assistance of counsel; (4) that ...

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00-3538 CAE, Inc. v. Clean Air Engineering, Inc.

“To support its argument that no overlap exists between the parties’ products and services, Clean Air relies heavily on the admissions of several of CAE, Inc.’s employees that, at present, CAE, Inc. does not provide technical consultation, testing, research or engineering in the field of environmental processes, for which Clean Air sought registration, nor does it provide equipment for air ...

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