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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 This opinion will not be published.Dist IV, Columbia County, George, J., Per CuriamAttorneys:For Appellant: David R. Karpe, MadisonFor Respondent: Jane E. Kohlwey, Portage; Lara ... Subscribe Login Digital and ...

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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 sum as he did with the Lexus purchases. If anything, the district court's statement leaves ... Subscribe Login Digital and ...

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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 in bad faith out of self-interest and/or malice toward Lane.' Under this standard, Lane's complaint ... Subscribe Login Digital and ...

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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 challenging the trial court's factual finding, based on credibility determinations, that he was in fact ... Subscribe Login Digital and ...

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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 intent to commit a theft, and also charged him with taking a substantial step toward ... Subscribe Login Digital and ...

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00-2029 United Catholic Parish School of Beaver Dam Educational Association v. Cards Services Center and First Financial Bank

"Here, the affidavit of Valentine Glytas establishes the uncontroverted fact that First Financial took the checks at issue in payment of Gittus's outstanding credit card balances.... Glytas avers that First Financial had no reason to suspect there was any problem with collecting payment on the checks when it accepted them, as they appeared to be ... Subscribe Login Digital and ...

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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. We conclude the officer did have probable cause, and therefore affirm. This opinion will not ... Subscribe Login Digital and ...

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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 falsely denied during her sentencing hearing having made that statement to the probation officer. Contrary ... Subscribe Login Digital and ...

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00-2563 State ex rel. Reginald C. Bruskewitz v. City of Madison

Accordingly, we reverse and remand to the circuit court with directions that it remand to the Common Council to determine whether Tellurian otherwise meets the standards for a conditional use permit without regard to a reasonable accommodation based on handicap or disability."Turning to the record in this case, we see no evidence that the proposed ... Subscribe Login Digital and ...

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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 his motion for postconviction relief.We affirm the judgment and the order. This opinion will not ... Subscribe Login Digital and ...

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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 trial counsel had asked more or better questions, those questions would have resulted in the ... Subscribe Login Digital and ...

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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 1977 conviction for attempted rape. We conclude there was no error and affirm the conviction. ... Subscribe Login Digital and ...

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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, 173 Wis. 2d 681 (1993), i.e. whether there are matters of public policy and ... Subscribe Login Digital and mobile ...

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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 trial court admitted prejudicial testimony, and erroneously exercised its discretion when it allowed the State ... Subscribe Login Digital and ...

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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 will not be published.Dist III, Ashland County, Harrington, J., Per CuriamAttorneys:For Appellant: John P. Anderson, WashburnFor ... Subscribe Login Digital and ...

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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 incriminated him. Defendants also gloss over the fact that Ramos never amended or supplemented any ... Subscribe Login Digital and ...

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01-0334 In Re the Paternity of Ashley L.D.: Connie L.J. v. Michael D.

Connie L.J. appeals an order transferring primary physical placement of her daughter, Ashley, to her father Michael D. Connie argues that the circuit court erroneously determined that (1) the evidence demonstrates a substantial change in circumstances since the previous order, and (2) a change of placement is in Ashley's best interest. Because the record reflects ... Subscribe Login Digital and ...

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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 service when they were, in fact, timely served. Even if Stanciel is correct, however, he ... Subscribe Login Digital and ...

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01-1856 In Re the Termination of Parental Rights to Nicole M.C.: Kenosha County Department of Human Services v. Brian C., et al.

This is an appeal from an order terminating the parental rights of Brian C. to his natural daughter, Nicole M.C. The sole issue is whether the trial court lost competency to proceed when it failed to hold the fact-finding hearing within the mandatory 45-day time limit. We hold that there was good cause for adjourning ... Subscribe Login Digital and ...

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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 have no doubt that federal law applied... FEMA runs a federal program, and because it ... Subscribe Login Digital and ...

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01-1656 In Re the Termination of Parental Rights to Zonay M.L.: State v. Jewel C.

The State sought to terminate Jewel C.'s parental rights to Zonay M.L., Jewel's daughter. The ground for termination was that Jewel had failed to assume parental responsibility for Zonay pursuant to Wis. Stat. sec. 48.415(6)(a) (1999-2000). Jewel's defense was that he had no knowledge that he was the father and therefore could not have "failed" ... Subscribe Login Digital and ...

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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 and testament contemplating his imminent death and telling his mother how to carry on his ... Subscribe Login Digital and ...

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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; and (3) four surveys establish his ownership. Because the record supports the trial court's determination, ... Subscribe Login Digital and ...

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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 Berkowitz - as well as [United States v. Santana, 427 U.S. 38 (1976)] and [U.S. ... Subscribe Login Digital and ...

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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 resulting from a warrantless search of Apel's shed. In that search, a police officer discovered ... Subscribe Login Digital and ...

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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 and theological position that prayer, the singing of hymns and the use of Bible commentary ... Subscribe Login Digital and ...

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00-3517-CR State v. Lockhart

Walter Lockhart appeals a judgment convicting him of substantial battery, as a repeater. He also appeals the order denying him postconviction relief. The issues are whether the trial court erroneously excluded testimony at his jury trial and whether cumulative error occurred in the proceedings such that we should grant a discretionary reversal in the interest ... Subscribe Login Digital and ...

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00-3286 Harbor Motor Company, Inc. v. Arnell Chevrolet-Geo, Inc., et al.

"We conclude that the district court's decision to grant the Post-Tribune's motion for judgment as a matter of law was in error. The court in granting the Post-Tribune's motion indicated only that it did not believe that liability could be imposed on the Post-Tribune consistent with the First Amendment because 'there are some values involved ... Subscribe Login Digital and ...

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00-2460-CR State v. Toliver

Stephen Toliver appeals from the judgment of conviction for first-degree intentional homicide, party to a crime, following a jury trial, and from the order denying his motion for postconviction relief. He raises numerous issues. We affirm. Not recommended for publication in the official reports.Dist I, Milwaukee County, DiMotto, J., Schudson, J.Attorneys:For Appellant: Michael J. Backes, ... Subscribe Login Digital and ...

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00-2494 Rizzo v. Sheahan

"Rizzo's claim cannot succeed because she has produced no evidence indicating that Mahon's offensive behavior towards her was based on her sex. To the contrary, Rizzo spent significant time both in her brief and at oral argument documenting the animosity Mahon harbored towards Rizzo's husband, and explaining that this animosity was the reason Mahon was ... Subscribe Login Digital and ...

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