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00-2108 Time-Warner and Travelers' Indemnity Insurance Co. v. St. Paul Fire & Marine Insurance Co.

Where the injured employee’s allegations in the complaint raised claims based solely on WEPCO’s negligence and conduct, Time-Warner had no duty to defend or indemnify WEPCO for WEPCO’s own negligence. “Travelers’ argument for indemnification from St. Paul is premised on the “hold harmless” provision of the Time Warner/Cable Cops contract. That provision, however, holds Time Warner harmless ‘from any liability ...

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00-3174 State v. Quinn

Eddie Lee Quinn appeals from an order denying his motion for an evidentiary hearing to establish that he is entitled to postconviction relief. Although Quinn concedes that he failed to raise on appeal the issues he is currently asserting, as required by sec. 974.06, he argues that he has a “sufficient reason” for this failure. His sufficient reason is that ...

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00-2535 In the Matter of the Estate of Marjorie R. Toutant

Although we agree with Ellis that a marriage cannot be annulled because Marjorie died during that period, the estate was not asking that the marriage be annulled, it was asking that the marriage be declared null and void. And, even though the marriage might have been valid in Texas despite the failure to comply with the six-month waiting period, this ...

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01-0206-CR State v. Polk

Johnny D. Polk appeals from a judgment entered on no contest pleas to two counts of battery as a habitual criminal. Polk also appeals from an order denying his postconviction motion. Polk claims: (1) he received ineffective assistance of counsel from Attorneys Thomas Bartell and Leroy Jones; (2) the trial court should have conducted a Machner hearing on the ineffective ...

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00-2699 Rural Mutual Insurance Co. v. Welsh

“Rural argues that specific provisions of an insurance contract control over general provisions, a proposition with which, as a general rule of construction, we have no quarrel. However, we cannot agree that, absent an exclusionary reference over to the supplemental coverages (such as exists for ‘motor vehicles’), a reasonable insured would expect that provisions promising ‘supplemental coverage’ operate to take ...

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01-0489-CR State v. Dahl

Thomas Dahl appeals from a judgment of conviction and from an order denying his motion to suppress evidence. Dahl contends that Wis. Stat. sec. 343.305, Wisconsin’s Implied Consent Law, is unconstitutional under the Fourth Amendment to the United States Constitution, and that testing blood drawn in compliance with the Implied Consent Law is a separate search, requiring a warrant. We ...

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00-2344 Martin v. American Family Mutual Insurance Co.

Although plaintiffs contend that the exclusion is prohibited by Wis. Stat. sec. 631.43(1) because both Eric’s van policy and his father’s truck policy improperly agreed to indemnify Eric against the same loss, we reject that contention. “It is true that Eric Johnsen is covered under Henry Johnsen’s pickup-truck policy as a permissive user. It is also true that Eric Johnsen’s ...

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01-0183-CR State v. Wakershauser

Neil Wakershauser appeals a judgment of conviction and sentence for operating a motor vehicle while intoxicated (OWI) as a fourth offense. On appeal, he originally challenged the validity of both his second and third prior convictions, claiming that he did not knowingly, voluntarily, and intelligently waive his right to counsel with respect to the second conviction and did not knowingly, ...

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00-1947 Stephenson v. Universal Metrics, et al.

Accordingly, we reverse the trial court’s grant of summary judgment dismissing the claims against the company in connection with Kreuser’s failure to drive the employee home. However, we affirm the dismissal of plaintiff’s claims against the company based on respondeat superior because the liquor-provider immunity statute (Wis. Stat. sec. 125.035) grants immunity to the employer. Affirmed in part, reversed in ...

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01-0060-CR State v. Kozlowski

Timothy T. Kozlowski appeals from a judgment of conviction entered after a jury found him guilty of operating a motor vehicle while under the influence of an intoxicant or other drug, as a third offense. Kozlowski claims that the trial court erroneously exercised its discretion when it denied his motion to exclude a prior OWI conviction. Because the trial court ...

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00-2851 State v. Jackowski

Accordingly, the police officers’ subsequent discovery and seizure of illegal firearms was not “fruit of the poisonous tree,” and there was no Fourth Amendment violation. “In summary, we conclude that the issuance of the special inspection warrant authorizing a city building inspector to enter Jackowski’s building to inspect for building code violations did not violate Jackowski’s rights under the Fourth ...

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00-2361-CR State v. Reinhardt

Steven J. Reinhardt appeals from a judgment convicting him of one count of theft by contractor, and three counts of unfair home improvement trade practices. Reinhardt also appeals from the order denying his postconviction motions for plea withdrawal and sentence modification. On appeal, Reinhardt argues that the circuit court erred when it declined to permit him to withdraw his Alford ...

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00-2919 Kerry Inc. v. Econo Equipment Inc.

Econo Equipment, Inc. appeals the portion of the circuit court’s order refusing to award attorney’s fees incurred in defending against Kerry, Inc.’s claims. Econo argues that a contract provision allowing it to recover attorney’s fees incurred “in the enforcement and adjudication of its rights hereunder” should allow it to recover attorney’s fees incurred while defending a suit by Kerry. Because ...

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99-2948-CR State v. Tate

Gary Tate appeals from a judgment of conviction of repeated sexual assault of the same child, and from an order denying his motion for postconviction relief. In addition to challenging the constitutionality of sec. 948.025 as applied, Tate argues that the complaint was inadequate to give him notice of the crimes, that trial counsel was deficient for not challenging the ...

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00-3021, 00-2972 Minnesota Mining & Manufacturing Company v. Pribyl, et al.

“There is no doubt that within the 500- plus pages of manuals at issue, there are a host of materials which would fall within the public domain. … Yet, when all the cleaning procedures, temperature settings, safety protocols, and equipment calibrations are collected and set out as a unified process, that compilation, if it meets the other qualifications, may be ...

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00-2097 In Re the Marriage of Voice v. Johnson

Terry Voice appeals the judgment divorcing him from Mary Ellen Johnson. He challenges the trial court’s determination on several economic issues. With the exception of a remand to correct a clerical error, we affirm. This opinion will not be published. Dist IV, Dane County, Nichol, J., Per Curiam Attorneys: For Appellant: Terry K. Voice, Madison For Respondent: Gerald W. Mowris, ...

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00-3197-CR State v. Cantwell

Brian W. Cantwell appeals from a judgment convicting him of theft, and from an order denying postconviction relief. His original judgment of conviction contained a sentencing provision the trial court subsequently clarified. The issue is whether the clarification actually increased the original sentence, and thus violated Cantwell’s double jeopardy protections. We conclude it did not, and therefore affirm. This opinion ...

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00-4169 Pugh v. City of Attica

“Pugh fails to show that the City’s proffered reason for his discharge is unworthy of credence. It is insufficient for Mr. Pugh simply to assert that he did not misappropriate funds and that the City’s belief was mistaken without offering further evidentiary support. See Green, 197 F.3d at 899. Rather, he must present evidence to create a material dispute as ...

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01-0287-FT In Re the Marriage of: Camden v. Camden

Jerry Alan and Virginia Camden were divorced after 19 years of marriage. On appeal, Virginia challenges the property division and maintenance award. We affirm the trial court’s property division, but reverse the maintenance award and remand for further proceedings consistent with this opinion. This opinion will not be published. Dist IV, Rock County, Roethe, J., Per Curiam Attorneys: For Appellant: ...

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00-2813 Winfrey v. City of Chicago

“Winfrey also indicated a desire to occupy the position of dispatcher, and – because he was never given a chance to explore this position – he claims the City failed to engage in good faith in an interactive process designed to accommodate him. To make such a claim, Winfrey must identify a vacant dispatcher position and prove he is qualified ...

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00-1310 In Re the Marriage of: Glunz v. Sokol

Laura A. Sokol appeals from the judgment of divorce entered following divorce proceedings between her and Michael J. Glunz. Sokol challenges two property division rulings of the trial court. First, she claims that the trial court erroneously exercised its discretion when it found that the Dean Witter account constituted gifted property to Glunz and should be excluded from the marital ...

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00-4271 Horwitz v. Board of Education of Avoca School District No. 37

“There is no concrete evidence in the record substantiating Horwitz’s allegations that younger teachers were treated more favorably than older teachers. By way of example, the school has provided data showing that between the 1992 to 2000 school years, over 55% of the teaching staff within the Avoca School District were over the age of 40. Dr. Biancalana who began ...

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00-2398 In Re the Marriage of Becvar v. Becvar

In this postdivorce judgment proceeding, Paula Becvar appeals an order denying her motion to move with her children to Minnesota. She claims that the court relied on inappropriate factors and that the children’s father, Charles Becvar, failed to demonstrate that the move was unreasonable. We reject her arguments and affirm the order. This opinion will not be published. Dist III, ...

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00-3325 Shanoff v. Illinois Department of Human Services

“[W]e conclude that Shanoff was subjected to six rather severe instances of harassment during the four months that he was working at the Madden Center during the limitations period (and one more instance of harassment while he was on leave). Riperton-Lewis made three remarks (approximately one remark each month) during the limitations period (from late December 1997 to March 1998) ...

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00-1208 Roberts v. Wolf, et al.

Tecwyn Roberts, Sara H. Roberts and Elizabeth M. Halkerston (collectively, the Robertses) sued John J. Wolf and Linda Wolf alleging intentional trespass to land, injury to real property, unlawful cutting of timber and interference with or declaration of interest in real property. The Wolfs tendered the defense of the Robertses’ claims to their homeowner’s policy insurer, West Bend Mutual Insurance ...

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00-2944 U.S. v. Schaffner

“The photograph at issue in this case actually traveled across state lines. As in Bell, where the movement of a weapon across state lines satisfied the commerce element of the statute, the interstate movement of the photograph provides a sufficient nexus to interstate commerce. Here, as applied to Mr. Schaffner, the jurisdictional element makes federal criminal responsibility turn on the ...

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00-1513 U.S. v. Green

“In United States v. West, 670 F.2d 675, 687 (7th Cir. 1982), we interpreted Rule 801(d) (1)(B)’s requirement of cross-examination to mean that the out-of-court statement must be elicited through the declarant, and not through a third party to whom the declaration was made. … At the time West was decided, we acknowledged that our interpretation of Rule 801(d)(1)(B) differed ...

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01-0839 In the Interest of David K. Jr.: State v. Latrice H., et al.

David K. Jr., by his guardian ad litem, appeals from the trial court order extending his CHIPS dispositional order “for one (1) year until March 30, 2001.” The guardian ad litem challenges the trial court’s decision, following a contested hearing, continuing David’s placement with Victoria J., his foster mother. The guardian ad litem argues that the trial court “failed to ...

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01-2591 Dahler v. U.S.

“This distinction between challenges to events that are novel to the resentencing (and will be treated as initial collateral attacks) and events that predated the resentencing (and will be treated as successive collateral attacks) has been adopted by every other circuit that has considered the subject. See, e.g., United States v. Barrett, 178 F.3d 34, 44-45 (1st Cir. 1999); Pratt ...

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