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00-2751 Kucharski v. Kucharski, et al.

Robert Kucharski appeals from a judgment denying his action for partition of two lots. Robert argues that he has an equitable one-fourth interest in the lots by virtue of a previous settlement agreement, a letter and an unrecorded deed to a nearby lot. He also argues that even if the trial court properly refused to recognize his equitable claim, he ...

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00-3492 State ex rel. Harland Richards v. Smith

Harlan Richards appeals from an order affirming a parole commission decision to deny him discretionary parole. Jerry Smith, chairperson of the board, made the decision on its behalf. Richards contends that Smith did not follow the law, made an arbitrary and capricious decision unsupported by facts of record, and violated his constitutional protections. We disagree and affirm. This opinion will ...

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99-2828 Sensenbrenner v. St. Paul Insurance Company, et al.

St. Paul Insurance Company (St. Paul) appeals an order granting a new trial to David Sensenbrenner on his personal injury claim. The trial court granted Sensenbrenner’s motion “in the interest of justice” under Wis. Stat. sec. 805.15(1) (1999-2000). St. Paul claims the court erred by overriding the jury’s credibility determinations, and that its decision was based on both a mistaken ...

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00-1203 Clay, et al. v. Johnson, et al.

“The district court believed that the position the Board announced in its proposed version of Comment 18(g)-4 was patently inconsistent with the position the Board announced in the adopted version of Comment 18(g)-4. The court noted that the Board initially indicated in its proposed comment that the ’30 days from’ language was not sufficient to satisfy TILA, then decided in ...

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01-0007 Gray v. Eggert, et al.

“Under Wis. Stat. sec. 802.12(2), a trial court has authority to order parties in civil litigation to attempt mediation or other settlement processes to resolve a case. … Nowhere, however, does sec. 802.12 provide a court the authority to require resolution. Moreover, while the mediation process will often depend on the parties’ good faith and open-minded flexibility, it does not ...

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00-3063 Painter v. Whitnall, et al.

William Whitnall appeals from a judgment entered against him in this legal malpractice action. He challenges on appeal the judgment awarding damages to the respondent, Linda Painter. We affirm the judgment of the circuit court. This opinion will not be published. Dist II, Racine County, Torhorst, J., Per Curiam Attorneys: For Appellant: William D. Whitnall, Racine For Respondent: Chad W. ...

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00-2435 Cherry v. University of Wisconsin System Board of Regents

“Congress has unambiguously conditioned the States’ receipt of Title IX funds on their waiver of Eleventh Amendment immunity from private causes of action. Although Title IX does not expressly provide for a private right of action, the Supreme Court has recognized since 1979 an implied private right of action under the statute. Cannon, 441 U.S. at 717; Davis, 526 U.S. ...

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99-2944, 00-1304 City of West Allis v. Wisconsin Electric Power Co.

“Unlike Mose [v. Tedco Equities-Potter Road Ltd. Partnership, 228 Wis.2d 848 (Ct. App. 1999)], neither G&L nor K&T knew that the land was going to be contaminated and neither party negotiated a compromised purchase price as a result. Thus, we find that the economic loss doctrine neither bars G&L’s claims nor precludes G&L from collecting punitive damages.” However, we determine ...

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00-0124 Wilson, et al. v. Wisconsin Patients Compensation Fund, et al.

Wisconsin Patients Compensation Fund, Boscobel Area Health Care (BAHC), and Wisconsin Hospital Association Liability Insurance Plan appeal from a judgment on a hospital malpractice claim. The plaintiff, Elizabeth Wilson, recovered damages for injuries suffered while she was a BAHC patient, after the trial court granted judgment on the jury’s verdict. The issues are whether the trial court properly denied the ...

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00-1109 Matz v. Household International Tax Reduction Investment Plan

“We do not consider a position in an amicus brief to be more deserving of Chevron deference than a tariff classification ruling. Upon reading Mead, we find that a litigation position in an amicus brief, perhaps just as agency interpretations of statutes contained in formats such as opinion letters, policy statements, agency manuals, and enforcement guidelines, see id. at 2175, ...

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01-0017 Heritage Mutual Insurance Co. v. Wilber and another

“[W]e conclude that even though the Heritage policy is a general liability policy, Wis. Stat. sec. 632.32(6)(a) applies. While not required by law to offer automobile liability coverage, Heritage did provide coverage with the endorsement for non-owned auto liability. The policy covered Wilber’s Truck World’s liability resulting from an accident caused by a non-owned motor vehicle.” Judgment affirmed. Recommended for ...

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00-2889 Spangberg v. Talis, et al.

Chris Spangberg appeals a summary judgment dismissing his legal malpractice action against attorney John Talis, his insurer and his law firm. Spangberg’s complaint alleged that Talis negligently allowed the statute of limitations to expire on two claims Spangberg wanted to commence against his employer, Community Health Care, Inc. The trial court correctly concluded that Spangberg suffered no damage as a ...

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00-1191 Beslic v. INS

“In an attempt to show that he has raised a substantial constitutional claim, Beslic argues that the language of 8 U.S.C. sec. 1182, which provides that aliens are inadmissible if they are attempting to enter the United States to ‘evade any law prohibiting the export of goods, technology, or sensitive information,’ is unconstitutionally vague. Although Beslic labels his argument as ...

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00-3053 State v. Crockett

We further conclude that defendant’s request for resentencing because his sentence was unduly harsh has already been adjudicated and there are no new factors which would justify modifying defendant’s sentence. “Although there may be situations… in which it is appropriate not to apply the waiver doctrine to a defendant when the State failed to assert it in the trial court, ...

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00-2870-CR State v. Lisney

Douglas Lisney appeals from a judgment convicting him of disorderly conduct while using a dangerous weapon, and from a subsequent order denying his motion for postconviction relief. Lisney argues that he is entitled to a new trial because he was denied his right to a fair trial and because he received ineffective assistance of counsel. Lisney contends his right to ...

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00-2411 Jutzi-Johnson v. U.S.

“[W]e should consider whether there was any causal relation between that negligence and the suicide. We think not. Johnson did not commit suicide because he had sores on his body. As nearly as can be reconstructed from the evidence, he committed suicide because he was upset about being in jail, separated from his family (including a daughter born while he ...

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00-3440 State v. Matthews

“In Lac Courte Oreilles Band v. Voigt, 700 F.2d 341 (7th Cir. 1983) (LCO I), the court of appeals recognized that the Chippewa have usufructuary rights and remanded the case to the district court for determination of several issues, including the permissible scope of state regulation over the Indians’ exercise of their rights. … In LCO IV, the district court ...

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00-2370-CR State v. Bodoh

Kelly J. Bodoh appeals from a judgment of conviction of party to the crime of first-degree intentional homicide and from an order denying his motion for postconviction relief. He argues that trial counsel was constitutionally deficient by not investigating additional psychological defenses and by admitting guilt to the jury, and that the trial court violated his right to due process ...

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00-3710 U.S. v. Viezca

“We agree with Viezca that there are similarities between this case and Duff. Portions of Count one of the indictment in this case were worded much like the indictment in Duff, as it charged Viezca, Mendoza, and Guerrero with having ‘conspired and agreed with each other, and with others known and unknown to the Grand Jury, knowingly and intentionally to ...

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00-3183 State v. Garrett

“While Detective Kaltenbrun was undercover, unlike the uniformed officers in Hughes, here the totality of the circumstances led him to believe that Garrett was involved in the destruction of the bag of cocaine. Evidence that: (1) only minutes before, two individuals were arrested for selling narcotics to an undercover police officer in Garrett’s building; (2) the detective immediately entered the ...

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00-2292-CR State v. Fowler

Kenneth Fowler appeals, following his Alford pleas, from a judgment convicting him of burglary and kidnapping. He also appeals from the circuit court order denying his motion for postconviction relief. He argues that the trial court erred in denying his motion to withdraw his pleas, that trial counsel was ineffective, and that his sentence should be reduced. We affirm. This ...

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00-3963 U.S. v. Centracchio, et al.

“[W]e find that Sapoznik’s redacted plea allocution contains the particularized guarantees of trustworthiness that justify its admissibility under the Confrontation Clause. … [T]he mere fact that Sapoznik may have pleaded guilty to get a ‘good deal’ does not mean he lied about his actual guilt. And, while the government was admittedly involved in the production of the text of the ...

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00-2211 Keyes v. Precision Machine and Manufacturing Inc., et al.

Precision Machine and Manufacturing Inc. (Precision) appeals from a judgment for $88,177.89 in favor of Michael Keyes. The claims that Keyes pursued in this action derived from his employment relationship with Forge Flite, Inc. The trial court held Precision liable on those claims upon concluding that Forge Flite was Precision’s alter ego. Precision challenges several aspects of that holding. We ...

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00-2618-CR State v. Raniewicz

Jeffrey Raniewicz appeals from a judgment entered after a jury convicted him of one count of possession of a controlled substance (cocaine), with intent to deliver, while possessing a dangerous weapon, and one count of felon in possession of a firearm. Raniewicz argues that: (1) the trial court committed error by failing to give one jury instruction and sua sponte ...

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00-3073 U.S. v. Alanis

“[T]he prosecutor’s comments were directed towards reinforcing that the government’s case was undisputed in material respects. … While the prosecutor’s comments would have been improper if Alanis was the only person who could have contradicted, denied, rebutted, or disputed the evidence, see Aldaco, 201 F.3d at 987, such was not the case here. The defense could have produced evidence to ...

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00-2244 Hardy v. Hardy, n/k/a Trudell

George Hardy appeals from a judgment ordering him to pay a certain sum to Christine Trudell, his former wife. The issue is whether Trudell’s motion seeking to enforce the judgment was barred by a statute of limitations or laches. We conclude it was not, and we affirm. This opinion will not be published. Dist III, Florence County, Kennedy, J., Per ...

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00-2838-CR State v. Knutson

The State appeals an order dismissing the criminal charges against Bruce Knutson. The State argues that the trial court erred as a matter of law when it ordered the State to produce a confidential informant at an in camera hearing without the defense making the necessary threshold showing. We agree that Knutson failed to make a threshold showing that testimony ...

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00-2217 Johnson v. McCaughtry

“Equitable tolling ‘excuses a timely filing when the plaintiff could not, despite the exercise of reasonable diligence, have discovered all the information he needed in order to be able to file his claim on time.’ Taliani, 189 F.3d at 597. Johnson argues that he was unfairly prejudiced when the state court directed him first to file in the state appellate ...

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01-0077 Nicoletti v. Teachers Retirement Board, et al.

Toni Nicoletti applied to the Wisconsin Department of Employee Trust Funds (DETF) for a disability annuity under Wis. Stat. sec. 40.63 (1999-2000). Initially, her claim was denied, but following an administrative appeal and the submission of additional medical reports, benefits were awarded, retroactive to the date she applied. Nicoletti then moved for costs, including attorney fees, pursuant to Wis. Stat. ...

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01-0713-CR State v. Jardine

Jamie Jardine appeals an order denying his motion to modify or vacate a 1994 sentence for attempted first-degree intentional homicide and four counts of first-degree sexual assault. We construe the request to vacate the sentence in part as an effort to revive an Oct. 25, 1996, motion for a new trial based on newly discovered evidence. That motion has never ...

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