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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 that I think are implicit ...

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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 Not recommended for publication in the official reports.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, Milwaukee For ...

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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 ‘going after’ Rizzo. Additionally, Investigator ...

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00-1283-CR State v. Murphy

Antoine Murphy has appealed from a judgment convicting him after a jury trial of attempted first-degree intentional homicide by use of a dangerous weapon. He was also convicted of armed robbery, and possession of marijuana with intent to deliver. Both the attempted homicide and armed robbery convictions were as a party to the crime under Wis. Stat. sec. 939.05. In ...

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99-2618 State of Wisconsin v. EPA, et al.

“[I]n some situations, state ownership of lake beds may restrict a tribe’s authority to regulate the waters running over those beds. In Wisconsin v. Baker, 698 F.2d 1323, 1335 (7th Cir. 1983), we found that, because the state of Wisconsin held title to the underlying lake beds in a reservation, the Chippewa Band was precluded from restricting hunting and fishing ...

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01-1214-CR State v. Shelton

Casey J. Shelton appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, fourth offense. He contends the trial court erred in concluding that the officer had probable cause to arrest him. We conclude that the officer did have probable cause and therefore affirm. This opinion will not be published. Dist IV, Rock County, Daley, ...

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00-1414 Larkin v. Galloway, et al.

“Even if Larkin is correct that his complaint is not the same as a prison condition complaint about poor heating, or unqualified medical staff, for which one could envision effective prospective relief, Perez is no longer the last word on the point. Booth, as we have already noted, took a broader view of the utility of prison administrative processes. It ...

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01-0381-FT State v. Allen

Dillis V. Allen seeks reversal of the trial court’s order granting a blanket protective order barring any discovery before a refusal hearing. We have no choice but to reverse the trial court’s order because there are no facts of record upon which the trial court could base a rational exercise of its discretion. This opinion will not be published. Dist ...

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98-3400, 98-4218, 99-3797 U.S. v. McGiffen

“United States v. Embry, 128 F.3d 584 (7th Cir. 1997), clarified that a formal evidentiary hearing may not always be necessary, but Embry did not disturb Gurtunca’s requirement that a district court make appropriate findings of availability. To the contrary, it indicated the kind of findings that are necessary, such as whether requiring the contribution would impose an extreme hardship ...

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00-2002 Hedrich v. Board of Regents of the University of Wisconsin System

Accordingly, because there is no statutory limitation period for noncontested cases, we conclude that the six-month default limitation is appropriate and plaintiff’s petition challenging the committee’s Nov. 5th ruling, which was filed on April 7, 1998, was therefore timely. Reversed and remanded. Recommended for publication in the official reports. Dist II, Walworth County, Gibbs, J., Snyder, J. Attorneys: For Appellant: ...

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00-3438-CR, 00-3439-CR State v. Thompson

Michael Thompson appeals from a judgment of conviction entered after he pled guilty to one count of armed robbery, party to a crime. He also appeals from a judgment of conviction entered after he pled no contest to one count of robbery with threat of force, guilty to one count of operating a motor vehicle without the owner’s consent, and ...

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00-2514 Pertzsch v. Upper Oconomowoc Lake Association

“The Association’s original argument that this language created an exception only for attached or integrated boathouses is without merit, especially in light of paragraph four which explicitly requires garages to be attached to the home but makes no reference to a boathouse.” We further reject the Association’s argument that paragraph one is a “stand alone” provision that contains a standardless ...

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00-2396-CR, 00-2397-CR State v. Rones

Sherman B. Rones appeals from judgments entered after he pled guilty to three counts of first-degree sexual assault, while using a dangerous weapon, and seven counts of armed robbery, several while concealing identity. Rones also appeals from an order denying his postconviction motions. He claims that he should be allowed to withdraw his guilty pleas because: (1) he received ineffective ...

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00-2250 Kain v. Bluemound East Industrial Park

This is because: (1) plaintiff was the beneficiary of defendant’s warranty that the soils would support “a minimum of 3,000 pounds per square foot;” (2) the building constructed for plaintiff exerted less than 3,000 pounds per square foot; (3) the soil borings revealed loose layers of soil at depths between 13 and 21 feet; and (4) this soil was consolidating ...

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01-1020-FT City of Stevens Point v. Wirtz

Michael C. Wirtz appeals from a jury verdict finding him guilty under Wis. Stat. sec. 346.63(1)(a) for operating a motor vehicle while under the influence of an intoxicant. Wirtz contends on appeal that the trial court erred in refusing to grant his motion for a mistrial after the prosecutor for the City of Stevens Point (City) elicited testimony from the ...

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00-3258 Burg, by his Legal Guardian, Gladys M. Weichert v. Cincinnati Casualty Insurance Co.

“‘Operate,’ under Wis. Stat.sec. 350.01(9r), includes ‘the exercise of physical control over the speed or direction of a snowmobile.’ ‘Operate,’ therefore, necessarily encompasses a person’s actions in stopping a snowmobile and turning off its motor because, literally, such actions do ‘exercise physical control over the speed and direction’ of the snowmobile. The fact that such actions stop the snowmobile certainly ...

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01-0684-CR State v. Sekula

Joanne Sekula appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), and from an order denying her motion for an evidentiary hearing on whether her trial counsel was ineffective for failing to file a pretrial motion to suppress evidence based upon an illegal stop. We conclude that Sekula was not ...

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00-3176 State v. Hughes

This is so because, “the jury’s unanimous findings (confirmed when the trial court polled the jury) that Hughes possessed cocaine with the intent to deliver it, and that he also possessed that cocaine were not inconsistent. Additionally, Hughes does not explain beyond mere rhetoric how the jury’s unanimous findings that Hughes both possessed cocaine and that he possessed that cocaine ...

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01-0709-CR State v. Smaxwell

Michael A. Smaxwell appeals from a judgment of conviction for operating a motor vehicle while intoxicated, third offense. Smaxwell argues that there was neither consent nor exigent circumstances to justify the warrantless search of his garage prior to his arrest. He also argues that the warrantless blood draw without his consent was illegal. We disagree on both issues and affirm. ...

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00-3538 State v. Norton

“It was not known to the trial court at the time of sentencing in this case that Norton’s probation would be revoked; rather, the trial court was advised by Hubbard that probation was not going to be revoked. Thus, the trial court imposed a sentence in this case which was based on inaccurate information. “Moreover, the inaccurate information was directly ...

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00-2237 State ex rel. Eppenger v. Litscher, et al.

Tony Eppenger appeals an order affirming a prison disciplinary decision given him while an inmate at Waupun Correctional Institution. The dispositive issue is whether substantial evidence supports that decision. We conclude that there was insufficient evidence to find Eppenger guilty of a disciplinary offense, and therefore we reverse. This opinion will not be published. Dist IV, Dane County, Callaway, J., ...

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01-0875, 01-0876 Wysocki v. Town of Kronenwetter, et al.

The Wysockis appeal from the trial court’s judgments dismissing their small claims actions seeking damages against the Town of Kronenwetter and its individual board members. In their complaints, the Wysockis allege that when the Town widened Oak Road in 1997, part of their land was improperly taken and damaged during the construction process. Because the Wysockis had never filed a ...

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00-3431-CR State v. Scott

William R. Scott appeals from a judgment of conviction and sentence after he pled guilty to operating a vehicle without the owner’s consent. He also appeals from an order denying his postconviction motion to modify his sentence. Scott claims: (1) the trial court erred when it determined that the Criminal Penalties Study Committee’s proposal to reclassify the crime of operating ...

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00-2721 Biesterveld v. Roob

Mark Roob appeals from a default judgment in favor of Scott and Cindy Biesterveld. Roob is a professional photographer and photographed the Biestervelds’ wedding. Their complaint alleged that he breached a contract for the pictures, violated various provisions of Wisconsin’s consumer protection statutes, and used intentional misrepresentations to induce the contract. When he did not file a timely answer, the ...

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01-0752-CR State v. Chenal

Craig Chenal was involved in a break-in of an abandoned house owned by the estate of Morris White. The State appeals an order that Chenal owed no restitution as a result of his conviction for misdemeanor theft, party to a crime. The State sought restitution on behalf of Roxanne White, Morris’ niece. It claims that White is entitled to restitution ...

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00-3047 Heritage Mutual Insurance Company v. Janda

Richard and Colleen Janda appeal an order granting summary judgment to Heritage Mutual Insurance Company. The order precludes the Jandas from pursuing an uninsured motorist claim under their Heritage policy for personal injuries they sustained while riding their uninsured motorcycle. We conclude that under the language of the policy, a reasonable insured would not expect to have coverage for injuries ...

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01-0736-CR State v. Malkmus

Gary Malkmus appeals from an order denying his motion for postconviction relief. He also appeals from an order denying his motion for sentence credit. We affirm the orders of the trial court. This opinion will not be published. Dist II, Winnebago County, Hawley, J., Brown, J. Attorneys: For Appellant: Gary R. Malkmus, Green Bay For Respondent: John M. Daniels, Oshkosh

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00-2719 Hein, et al. v. Frieberg, et al.

Jerome and Judith Hein appeal from a judgment declaring that a homeowners insurance policy issued to Thomas Frieberg did not provide coverage for Jerome’s injuries resulting from an automobile accident allegedly caused by Frieberg’s minor daughter. They contend the trial court erred in determining that the coverage in the policy for “liability … assumed by contract” did not include Frieberg’s ...

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00-2009 IDS Life Insurance Company and American Express Financial Advisors, Inc. v. Royal Alliance Associates, Inc., et al.

“Pursuing the analogy to Rule 65(d) of the civil rules, we hold that the question for the district court and for us is not whether the arbitrators’ reasoning is incomplete in the sense that a syllogism would be incomplete if it lacked its major or its minor premise but whether the award itself, in the sense of judgment, order, bottom ...

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01-0194 Jones v. Secura Insurance

Harold Jones appeals an order declaring that Stacie Jones, his daughter, is not covered by an automobile insurance policy issued to Jones Transportation, his business. The issue is whether the trial court correctly concluded that the policy did not provide underinsured motorist coverage to Stacie, who was seriously injured in an accident. We affirm. This opinion will not be published. ...

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