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99-2296-CR State v. Henderson

“The rule against ‘rehabilitating’ a warrant after-the-fact by information known to the police but not included in the warrant application… applies only to challenges to the sufficiency of a search warrant under the warrant clause, not challenges to the manner of execution of a search warrant under the reasonableness clause. The cases recognized that allowing the probable cause basis for ...

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00-1992 Herlache v. Zahran, et al.

Robin and Karen Zahran have appealed pro se from an order entered in the trial court on June 20, 2000, establishing the amount to be paid by them for the redemption of property which was the subject of a sheriff’s sale held on June 6, 2000. The sheriff’s sale resulted from a foreclosure judgment entered in the trial court on ...

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00-3174 U.S. v. Mitchell

“The officers, upon their arrival at the scene, clearly did not have sufficient information to immediately arrest Mitchell for being a felon in possession. However, we are of the opinion that the combination of a report of shots being fired, the rapid response time of the officers (approximately 90 seconds), the fact that Mitchell matched the general (albeit limited) description ...

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00-1739 In Re: the Termination of Parental Rights to Jayton S. v. Tykila S.

“Due to the severe nature of terminations of parental rights, termination proceedings require heightened legal safeguards against erroneous decisions. Although termination proceedings are civil proceedings, M.W. v. Monroe County Dep’t of Human Servs., 116 Wis.2d 432, 442, 342 N.W.2d 410 (1984), the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires that ‘[i]n order for parental ...

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00-1967 U.S. v. Martinez

“The testimony of Gladney, Martinez’s main supplier of crack (but not his only source as testimony indicated at trial), places Martinez in possession of a minimum of 30 ounces (850.5 grams) of crack. In addition, there were numerous witnesses who testified to having seen Martinez with varying amounts of crack. Given the duration and scope of Martinez’s organization, the evidence ...

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00-2289 Talbert, et al. v. Affiliated Carriage Systems Inc., et al.

Clarence Talbert appeals a summary judgment which dismissed his negligence action against Affiliated Carriage Systems (d/b/a Madison Taxi) and its insurer, American Southern Insurance Company, with costs. We affirm for the reasons discussed below. This opinion will not be published. Dist IV, Dane County, Ebert, J., Per Curiam

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99-3144 Kopke v. A. Hartrodt S.R.L., a foreign corporation

“The question presented is, therefore, whether the word ‘process’ means to bring about a physical transformation upon the products, materials, or things themselves, as urged by L’Arciere and RAS, or whether process is a broader term as suggested by the Seventh Circuit in Nelson [by Carson v. Park Industries, Inc. 717 F.2d 1120 (1983)], and by Kopke and Binda. We ...

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00-2625-CR State v. Lee

Eugene Lee appeals a judgment convicting him as a felon in possession of a firearm, as a repeat offender. He also appeals an order denying his motion for postconviction relief. The issue on appeal is whether the trial court properly admitted certain testimony at his trial. We affirm. This opinion will not be published. Dist IV, Dane County, Farnum, J., ...

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00-3227 U.S. v. Bautista

“[W]e see nothing in the Guidelines that forbids consideration of extralegal consequences that follow a sentence as grounds for a departure. In Koon, for example, the Supreme Court reversed the Ninth Circuit’s holding that career loss following imprisonment could never be relevant to sentencing. 518 U.S. at 110. And because the circumstances urged here (the claimed ‘draconian’ effects of deportation ...

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00-0076 State ex rel. Spriggie Hensley v. Endicott

Although plaintiff argued that there was a “futility” exception to the PLRA, that it would essentially be futile to require plaintiff to bring his constitutional challenges to the rules in question before the institution’s complaint review committees and appeal personnel as a precondition to raising them in court, that argument fails to comport with the plain language of the PLRA. ...

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01-2460 Graham v. Lappin

“Plaintiffs have standing, for they allege both a concrete injury to themselves and the possibility that the relief they seek will redress that injury. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Moreover, a district court is entitled under Fed. R. Civ. P. 27, 28(a), and 30(a) to issue ancillary orders that may be essential for obtaining ...

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99-0946 Salveson v. Douglas County

“In deciding to award back pay, the circuit court found that Salveson was physically unable to work as a full-time street paramedic, but that she was able to perform other, less rigorous paramedic work. The court noted that after she became physically unable to work as a full-time street paramedic, Salveson worked as an LPN, a medical examiner, and a ...

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01-0203 Town of Madison v. Gartland

Randall E. Gartland appeals a circuit court judgment convicting him of speeding. He argues that the circuit court erred in failing to dismiss the charge against him because the prosecutor failed to comply with a court order requiring him to give Gartland a copy of the transcript of his municipal court hearing. Because we conclude that the circuit court’s finding ...

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00-2326 Newsome v. McCabe

“Putting Buckley and all problems of establishing causation to one side, we make the normal immunity inquiry: was it clearly established in 1979 and 1980 that police could not withhold from prosecutors exculpatory information about fingerprints and the conduct of a lineup? See Wilson, 526 U.S. at 614-18; Anderson v. Creighton, 483 U.S. 635, 639 (1987); Saucier v. Katz, No. ...

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99-0649 Martindale v. Ripp

And, because we conclude that this erroneous exercise of discretion affected plaintiff’s substantial rights, we reverse and remand the case to the circuit court for a new trial. “Here the circuit court erred for several reasons. First, the circuit court excluded expert testimony that would have assisted the trier of fact in understanding the evidence and determining the issue of ...

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98-3329 Baierl v. McTaggart

Accordingly, summary judgment was properly entered in favor of the tenants and the decision of the court of appeals must be reversed. Although the landlord argues that the illegal provision is severable from the remainder of the lease, we disagree. “Having examined both parties’ arguments, we conclude that neither party’s position is tenable as an absolute proposition. Both positions fail ...

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00-2522 Townsend v. Vallas

“In Mr. Townsend’s case, however, the Board only temporarily transferred him from his teaching position, pending an investigation regarding the death of a child, and it provided Mr. Townsend with his full teacher’s salary while it did so. Within two months, the Board alerted him that it would not seek more than a thirty-day suspension in the matter; soon after ...

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00-2827 Equity Enterprises, Inc. v. Milosch

“Therefore, because section 5.1 does not contain any geographical restrictions, section 5.1 fails and the jury finding that it was reasonable is an error of law.” In addition, we conclude that the stipulated damages clause of the contract, sec. 4.2, is unreasonable because the amount of damages in the case of any alleged breach by plaintiff is ascertainable and the ...

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98-2557 Barry v. Employers Mutual Casualty Co.

“Barry argues that there is no difference between a step that is unsafe because it lacks a non-slip surface and a step that is unsafe because it has a loose nosing. A stairway that is constructed without a regulation non-slip surface is properly characterized as a defect in the stairway’s design. The same cannot be said for a loose nosing ...

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00-4145 Delany v. DeTella, et al.

“Here, both in duration and severity, the nature of Delaney’s alleged deprivation was significant and serious, and apparently no alternatives were made available to mitigate the effects of the deprivation. We recently noted that segregation is akin to solitary confinement and that such confinement, uninterrupted by opportunities for out-of-cell exercise ‘could reasonably be described as cruel and, by reference to ...

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00-0003 Reid v. Benz

“In Elliott [v. Donahue, 169 Wis.2d 310 (1992)] we clearly stated that the proper procedure for an insurance company to follow when coverage is disputed is to request a bifurcated trial on the issues of coverage and liability and move to stay any proceedings on liability until the issue of coverage is resolved. [169 Wis.2d at 318.] When this procedure ...

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99-3018 Nommensen v. American Continental Insurance Co.

“The court of appeals affirmed the circuit court’s decision to give the standard instruction. Wisconsin JI – Civil 200 (civil jury instruction 200 or instruction 200) states the quantum of evidence required in an ordinary civil case – that is, ‘the greater weight of the credible evidence.’ It also provides a standard for the degree of certitude required of the ...

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99-4234 Sanfield, Inc. v. Finlay Fine Jewelry Corp.

“Sanfield offered two theories of financial loss. One was that, in order to counter Finlay’s deceit, Sanfield had to place additional advertisements to inform the public that absolute prices for jewelry, and not percentage discounts from phantom prices, are what matter. This is a plausible theory, but one the district judge thought unsubstantiated. Sanfield did not introduce copies of these ...

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01-0956, 01-0957, 01-0958, 01-0959 In the Interest of Shawnda G.

“Pursuant to the plain language of 25 U.S.C. 1911(b), ‘either parent or the Indian custodian or the Indian child’s tribe’ may request a transfer of jurisdiction. Marcella, as a parent, was therefore entitled to request a transfer of jurisdiction. Accordingly, the circuit court erred when it concluded that Marcella lacked standing to do so.” “Pursuant to the guidelines, once the ...

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98-2162 Green v. Smith & Nephew, AHP

“In Vincer v. Esther Williams All-Aluminum Swimming Pool Co., 69 Wis.2d 326(1975), this court adopted Comment g to sec. 402A, which provides that a product is defective ‘where the product is, at the time it leaves the seller’s hands, in a condition not contemplated by the ultimate consumer, which will be unreasonably dangerous to him [or her]. … ). Similarly, ...

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00-0640-J In the Matter of Judicial Disciplinary Proceedings Against the Honorable Robert Crawford: Wisconsin Judicial Commission v. The Honorable Robert Crawford

“Judge Crawford has engaged in seriously unacceptable judicial behavior. He has demonstrated no understanding of the impropriety of his behavior and therefore has expressed no remorse for it. Indeed, he has continuously portrayed himself as a maverick, an innocent victim of a ‘hostile work environment’ who has an absolute ‘right to be obnoxious in [his] public expression.’ He apparently believes ...

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01-0167-FT In Re the Marriage of: Jahimiak v. Jahimiak

Ann Marie Jahimiak appeals an order denying her motion for increased maintenance from her ex-husband David Ralph Jahimiak. The dispositive issue is whether Ann demonstrated a substantial change in the parties’ financial circumstances. We conclude that she did not and therefore affirm. This opinion will not be published. Dist IV, La Crosse County, Damon, J., Per Curiam Attorneys: For Appellant: ...

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00-2613, 00-4075, 01-1126 White v. Sundstrand Corp.

“[Unless an employer] is trying to encourage early retirement (which it isn’t) why would Sullair want a pension plan that rewards employees for quitting? Cf. McNab v. General Motors Corp., 162 F.3d 959 (7th Cir.1998). Employers can structure their plans to make it worthwhile for employees to leave, but firms usually want to encourage employees who have developed valuable skills ...

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98-3004 Gaugert v. Duve, et al.

We reject the third-party buyer’s claim that under Wis. Stat. sec. 808.07(1) the option-holders were required to obtain a stay pending appeal in order to preserve the status quo after the circuit court entered judgment. Further, we find that the circuit court erroneously exercised its discretion in denying the option-holder’s request for specific performance; we remand for entry of an ...

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