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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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00-2694 Kloth v. Department of Health and Family Services, et al.

Ethelyn C. Kloth appeals from the circuit court’s order affirming the Department of Health and Family Services’ decision denying her application for a foster care license pursuant to Wis. Admin. Code sec. HSS 56.04(1)(a). The question on appeal is whether substantial evidence supports the Department’s decision. Because the Department correctly applied Wis. Admin. Code sec. HSS 56.04(1)(a) and substantial evidence ...

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01-0710-CR, 01-0711-CR, 01-0712-CR State v. Alberts

The single issue in these three consolidated appeals is whether the trial court erred by admitting expert testimony regarding the characteristics of domestic abuse, the cycle of violence found in domestic abuse cases, the attributes of an abuser, the coping mechanisms of victims and, finally, whether the victim’s behavior was consistent with that of a domestic abuse victim. Michael Alberts ...

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00-3130, 00-3149 & 00-3150 U.S. v. Scott, et al.

“[T]he prosecutor here stopped short of giving the jury the ultimatum presented to the jury in [U.S. v. Vargas, 583 F.2d 380 (7th Cir. 1978)]. In the present case, the Government’s attorney argued that ‘the clear implication from the defense closing was that Inspector Eck and Officer Burke came in here, committed a crime by perjuring themselves,’ and that there ...

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00-3092 Jakubowski, et al. v. NEVAC Inc., et al.

Michael S. Jakubowski and Martin C. Jakubowski appeal from the judgment entered in favor of Badger Commercial Sales Inc. The Jakubowskis argue on appeal that Badger is not entitled to summary judgment both because there are disputed issues of fact and as a matter of law. We disagree, and affirm the judgment of the circuit court. This opinion will not ...

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01-1176-CR State v. Lundgren

Herman Lundgren appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, third offense. Lundgren argues that the officer did not have reasonable suspicion to stop him. Because there was reasonable suspicion, we affirm. This opinion will not be published. Dist III, Dunn County, Stewart, J., Peterson, J. Attorneys: For Appellant: Peter J. ...

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00-4033 U.S. v. Vaughn

“In this case, Sergeant Johnson corroborated Vaughn’s modus operandi as testified to by Kantner, which was challenged during counsel’s cross-examination of Kantner. Sergeant Johnson’s testimony confirmed several distinct characteristics of Vaughn’s method of operation: (1) Vaughn’s method of arranging a drug transaction; (2) Vaughn’s desire to avoid suspicious transactions; (3) Vaughn’s customers; and (4) Vaughn’s preferred location for completing the ...

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01-0823-FT Fox v. Larson d/b/a Town & Country Concrete

Daniel Larson appeals from a default judgment entered against him in favor of Brenda and Kary Fox. Larson claims the trial court erred in concluding that a letter he had written in response to the complaint was insufficient to join issue and erroneously exercised its discretion in subsequently refusing to reopen the matter on the grounds of excusable neglect. We ...

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01-0671 In the Matter of the Refusal of Milton A. Bumpers: State v. Bumpers

Milton Bumpers appeals an order revoking his operating privilege for failing to submit to chemical testing as required under Wis. Stat. sec. 343.305. Bumpers contends that his response when the arresting officer asked him to submit to an evidentiary chemical test of his breath was not a refusal, and that he should have been instructed by the officer that he ...

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00-4180 U.S. v. Lane

“Physical control over a gun is remarkably easy to effect. Once the gun is in the defendant’s hands he need only pull the trigger, an act which can be completed in a split second and which is controlled and influenced by nothing more than the defendant’s whim. Lane protests that the circumstances surrounding his inspection of the gun show that ...

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01-0402 Celebration Excursions Inc. v. Azar

Marsha Azar appeals from a judgment and an order entered after the trial court granted Celebration Excursions, Inc.’s motion for default judgment. Azar contends the trial court erred because: (1) the complaint was insufficient to support the default judgment; and (2) Azar’s failure to timely file an answer was a result of excusable neglect. Because the complaint was sufficient to ...

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00-3446-CR State v. Myartt

Larry Woodrow Myartt appeals from a judgment entered after a jury found him guilty of one count of robbery with use of force. He claims that the trial court erred when it denied his motion to suppress based on an illegal stop, and the trial court erred when it denied his motion for a mistrial based on a dissenting juror. ...

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00-3267 Makeeff v. Labor and Industry Review Commission, et al.

Dennis Makeeff appeals a judgment affirming a decision of the Labor and Industry Review Commission denying him worker’s compensation benefits. Because substantial and credible evidence supports the Commission’s decision, we affirm the judgment. This opinion will not be published. Dist III, Eau Claire County, Gabler, J., Per Curiam Attorneys: For Appellant: Dean R. Rohde, River Falls For Respondent: Jerome S. ...

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00-3202-CR State v. John

John Robert John appeals his amended judgment of conviction for burglary, party to a crime, requiring him to pay restitution in the amount of $27,980. He also appeals an order denying his motion to enjoin the entry of the restitution order. John argues that the circuit court lost jurisdiction to determine the amount of restitution to be imposed as a ...

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00-2666 State of Wisconsin, et al. v. City of Rhinelander, et al.

The City of Rhinelander appeals summary judgments dismissing its action against several insurance companies. The City contends that its liability insurers must indemnify the City for expenses it agreed to pay for landfill remediation in a settlement with the State. The City also claims that the insurance companies breached their duty to defend the City, even though the companies provided ...

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01-1192-CR State v. Flores

Gilberto Flores, pro se, appeals from an order dated April 13, 2001, denying his post-conviction motion for sentence credit for one month and 26 days of earned good time credit. Flores contends that the trial court erred in applying Wis. Stat. sec. 302.11(6). Because the trial court did not err in its application of sec. 302.11(6), this court affirms. This ...

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01-1143 In Re the Termination of Parental Rights to Ebony M.: State v. Dwight J.

Dwight J. appeals the order terminating his parental rights to his daughter, Ebony M., after a jury found that he had failed to assume his parental responsibilities. The trial court subsequently found that Dwight J. was an unfit father and that the termination was in Ebony M.’s best interests. Dwight J. argues that the trial court erroneously exercised its discretion ...

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00-3753, 00-3879 Greenwell v. Aztar Indiana Gaming Corp.

“[A] substantial relationship between the alleged tort and some traditional maritime activity must … be shown… That element is missing here. … The referral was innocent and the alleged negligence of the doctors unforeseeable … The ordinary law of medical malpractice is adequate to deal with the consequences of the operation by medical landlubbers on Greenwell’s back for a condition ...

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01-1407 In the Interest of Heather M.M.: State v. Heather M.M.

Heather M. appeals from an order adjudicating her delinquent. She claims that the trial court erred in concluding that it lacked the power to enter a consent decree pursuant to Wis. Stat. sec. 938.21(7) (1999-2000). We conclude that this statute permits a trial court to enter a consent decree, as defined in Wis. Stat. sec. 938.32(1). We therefore reverse and ...

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00-3097 Tobin for Governor, et al. v. Illinois State Board of Elections, et al.

“In this case, the method by which the petition and the objections to it were evaluated was remarkably like a trial. First, written objections to the petition were filed. A hearing on the objections was scheduled, and the parties were given notice of the hearing date. Both the objectors and the candidates were represented by attorneys at the hearing and ...

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