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01-0069-CR State v. Burton

Ernest Burton appeals from a judgment entered after a jury convicted him of robbery – use of force, and habitual criminality. Burton also appeals from the trial court’s order denying his postconviction motion. Burton argues that he was denied effective assistance of trial counsel. Burton also argues that the trial court erred in denying his postconviction motion without holding a ...

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00-758 U.S. Postal Service v. Gregory

“There is certainly nothing arbitrary about the Board’s decision to independently review prior disciplinary violations. Neither the Federal Circuit nor respondent has suggested that the Board has applied this policy inconsistently-indeed, the Board has taken this same approach for 19 years. See Carr v. Department of Air Force, 9 M. S. P. B. 714 (1982). Nor have they argued that ...

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00-3087 Harley Paws Inc. v. Mohns Inc.

Mohns Inc. appeals from the judgment awarding Harley Paws Inc. $21,958.82 in damages, following a court trial. Mohns argues that the trial court erred in finding that it breached the construction contract it had entered into with Harley Paws. Mohns also argues that the trial court’s damage findings are arbitrary and excessive. Finally, Mohns argues that Harley Paws wrongfully terminated ...

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01-1594 State v. Albert

A jury convicted Robert L. Albert of operating a motor vehicle with a prohibited blood-alcohol concentration of .10 percent. The jury also found him not guilty of operating a motor vehicle while under the influence of an intoxicant in connection with the same incident. He appeals from the judgment entered on the verdict of guilty, but mistakenly identifies it as ...

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01-0189, 01-0295 Atlas Transit Co. et al. v. Korte, Superintendent, Milwaukee Public Schools

Even though the bus companies maintained that the MPS records custodian was required, under Woznicki v. Erickson, 202 Wis.2d 178 (1996) and Klein v. Wisconsin Resource Center, 218 Wis.2d 487 (1998), to set out exactly what factors were considered in arriving at its decision to release the information, we can find nothing in either Woznicki or Klein that requires the ...

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00-2626 Wilson v. City of Milwaukee, et al.

Beverly Wilson appeals an order affirming a decision of the Milwaukee Employees’ Retirement System Annuity and Pension Board. The issue is whether there was sufficient evidence to support the board’s determination that Wilson is not incapacitated for duty as a result of a workplace injury. We affirm. This opinion will not be published. Dist IV, Milwaukee County, Dugan, J., Per ...

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01-0707-CR State v. Schulte

Corey Schulte appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). He claims that the trial court erred in denying his motion to suppress the results of a blood test administered following his arrest. Schulte concedes, however, that under the holding in State v. Thorstad, 2000 WI App 199, 238 Wis.2d ...

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00-2754 In Re the Marriage of: Charles R.H. v. Mary E.H.: In the Interest of Jason M.H., In the Interest of the Guardianship and Mental Commitment of Jason M. H.: Waukesha County v. Dodge County

Waukesha County appeals a circuit court order concluding that Jason H., an incompetent with a guardian, is a resident of Waukesha County for purposes of determining which county is responsible for funding Jason H.’s protective placement care. Waukesha County seeks reimbursement from Dodge County for all protective placement costs paid by Waukesha County. The central dispute in this case regards ...

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01-1044-CR State v. Eckola

William Eckola was convicted of operating a motor vehicle with a prohibited alcohol concentration, sixth offense. The State argues that the circuit court erroneously exercised its discretion by placing Eckola on probation without requiring him to serve at least the presumptive minimum period of incarceration required by Wis. Stat. sec. 346.65(2)(e). We agree. Therefore, we reverse the order and remand ...

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01-1940 In the Interest of Cassandra M.: State v. Cassandra M.

Cassandra M. appeals an order requiring her to pay $1,500 restitution to the Hudson School District after she was adjudged delinquent for a bomb scare as party to a crime. Cassandra argues that the trial court erred by construing “damage to the property of another” in Wis. Stat. sec. 938.34(5)(a) as including the salaries paid to teachers, administrators and staff ...

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01-1619-CR State v. Ross

Ryan Ross appeals from a judgment of conviction, following his guilty plea, for possession of a controlled substance. Ross contends that the trial court erred in denying his motion to suppress. Specifically, Ross argues that his “Fourth Amendment rights were violated when the police [while executing a search warrant for his premises] smashed in the door to his house instead ...

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01-2034 In Re the Termination of Parental Rights to Samuel J.R., Alexander J.R., Cabbet J.R. and Jeremy T.R.: Calumet County Health & Social Services v. Michael J.R.

This is a termination of parental rights case. Michael J.R., whose rights to his four natural children were terminated, raises three arguments, each of which we reject. His claim that Wis. Stat. sec. 48.415(4) is unconstitutional as a violation of substantive due process is waived. His argument that the trial court erred by not making its egregiousness determination in accordance ...

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99-0957, 00-0552 In Re the Commitment of Nathan Lalor: State v. Lalor

In court of appeals case No. 99-0957, Nathan Lalor has appealed from a judgment committing him for institutional care in a secure facility based upon a determination that he is a sexually violent person within the meaning of Wis. Stat. sec. 980.01(7) (1999-2000). In court of appeals case No. 00-0552, Lalor has appealed from an order denying his motion for ...

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01-2378 In re the Termination of Parental Rights to Deon R.D. Jr.: State v. Esther T.

Esther T. appeals from an order terminating her parental rights to Deon R.D., Jr. Esther claims the trial court erroneously exercised its discretion when it terminated her parental rights even though she complied with all the conditions required for the return of her son and because the evidence here was not so egregious as to warrant termination of her parental ...

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00-2811, 00-3717 Susan Wakeen Doll Company, Inc. v. Ashton-Drake Galleries

“[T]he district court instructed the jury that: ‘If you conclude that Ms. Sirko had access to plaintiff’s copyrighted sculpture you should find in favor of plaintiff Susan Wakeen Doll Company if you find that defendant’s sculpture is substantially similar to plaintiff’s copyright.’ The problem with this jury instruction was that it suggested that Wakeen could prevail on its copyright infringement ...

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00-3523 Pieczynski v. Town of Birchwood Board of Review

Lawrence Pieczynski appeals a judgment upholding his 1998 property tax assessment. The trial court initially granted Pieczynski’s request for reassessment, resulting in a $7,400 reduction. Pieczynski now challenges the second assessment, arguing that: (1) the board of review failed to comply with statutory requirements when it rejected his challenge to the second assessment; (2) the assessor impermissibly subdivided Pieczynski’s lakefront ...

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00-4212 Re/Max North Central, Inc. v. Patricia Cook

“When Cook disagreed with the terms of the 1999 agreement, Re/Max repeatedly attempted to negotiate with her regarding the agreement’s terms. Even after these negotiations, Cook had almost 7 months during which she could have executed the 1999 agreement, and she stubbornly refused to do so, continuing to insist upon terms more favorable to herself. As we noted earlier, a ...

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01-1058 Associated/F&M Bank v. Johnson, et al.

This appeal arises from a summary judgment dismissing Donna Walker’s action to foreclose a lien based upon a money judgment she obtained against Ray Johnson. At the time Walker’s judgment was docketed, Johnson owned the real estate upon which Walker seeks foreclosure. Walker’s judgment was later ordered satisfied. Walker argues she is entitled to collaterally attack the order satisfying the ...

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01-1430 Freeman United Coal Mining Co. v. Summers

“[O]n this record, we readily conclude that the ALJ’s invocation of the presumption was proper. We find no merit to the coal company’s claim that Summers simply made conclusory assertions such as, ‘The rooms were very dusty.’ To the contrary, we believe that Summers clearly delineated, in objective terms, the awful conditions on the surface of the mine. As we ...

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01-1095-CR State v. Robinson

Gregory Robinson appeals his convictions by a jury of intimidating a victim, criminal damage to property, and disorderly conduct. He also appeals an order denying postconviction relief. In his postconviction motion, Robinson raised and again raises on appeal, three arguments. He claims he was denied due process and a fair trial and the effective assistance of counsel because the State ...

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00-3884 U.S. v. Harris

“The prosecutor’s comment was made in the context of an assessment of Young’s explanation of the tape recorded conversation. In the interest of presenting the complete picture, the prosecution introduced both the tapes and Young’s testimonial explanation as to what was being discussed, and the accuracy of Young’s explanations was subsequently tested on cross-examination. The contested portion of the prosecutor’s ...

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00-1432 Nugent v. Slaght and American Family Mutual Insurance Co.

“Among other things, American Family’s claims representatives negotiated with Nugent, made payments to Nugent for property damage loss, made a settlement offer to Nugent, and reached a settlement with a passenger in Nugent’s vehicle. American Family agrees that during this time period its claims representatives acted as though American Family was Slaght’s insurer and that Nugent had no reason to ...

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01-1003 In the Matter of the Refusal of Edidin: State v. Edidin

Steven Edidin appeals an order revoking his operating privilege for failing to submit to chemical testing as required under Wis. Stat. sec. 343.305. Edidin contends that because the arresting officer did not comply with Wisconsin’s Implied Consent Law, the circuit court erred in finding that he unlawfully refused to submit to the test. Specifically, Edidin argues that the officer should ...

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00-4208, 01-1882 U.S. v. Maro

“Maro committed eight robberies in 1989, six in Illinois and two in Wisconsin. He was charged in both the Northern District of Illinois and the Western District of Wisconsin. The Wisconsin case was transferred to Illinois, pursuant to Rule 20 of the Federal Rules of Criminal Procedure. Maro entered guilty pleas to two counts from both indictments – four counts ...

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01-1098 Teubel v. Prime Development Inc., et al.

Thomas M. Teubel appeals from an order of the trial court dismissing his complaint against Prime Development, Inc. and Robert B. Clemen, and a judgment awarding Clemen $11,618.40 in costs and attorney’s fees. Because the trial court based its order and judgment on factual findings that are not clearly erroneous and because the trial court exercised proper discretion in selecting ...

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00-2463-CR State v. Memmer

Annette Memmer appeals a judgment of conviction entered after revocation of probation and an order denying her postconviction motion. The issue is whether she received ineffective assistance of counsel during probation revocation proceedings. We affirm. This opinion will not be published. Dist IV, La Crosse County, Gonzalez, J., Per Curiam Attorneys: For Appellant: Kara M. Burgos, La Crosse For Respondent: ...

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00-4185 U.S. v. Trotter

“Of course use may support an inference of possession. A person might test positive for marijuana if he never touched the stuff but spent a lot of time around heavy smokers and ended up with some of the drug in his lungs. This is unlikely, but possible, and a district judge therefore might treat one or even two positive tests ...

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01-1124-FT Northern Visions Inc. v. Hishmeh

James Hishmeh and his wife, Cathy Hishmeh, appeal a default judgment entered in favor of Northern Visions Inc., and an order denying their motion to vacate the default judgment. They argue that the circuit court failed to obtain personal jurisdiction over James. They further argue that the circuit court erroneously exercised its discretion when it denied their motion to vacate ...

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00-3506-CR State v. Moss

Robert Moss appeals a judgment convicting him of possession of cocaine with intent to deliver it. He claims the trial court erred in denying his motion to suppress evidence which police seized from a residence he was occupying at the time of his arrest. Specifically, Moss contends that, contrary to the trial court’s conclusion, he had a legitimate expectation of ...

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