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00-2669 Friedman, et al. v. Stueber, et al.

David Friedman appeals a summary judgment dismissing his insurer, USAA Casualty Insurance Co. He contends that his USAA uninsured and underinsured motorist policy covers his injuries because they were caused by an accident. Alternatively, Friedman argues that summary judgment should not have been granted because the facts raise conflicting inferences. He submits that a jury must resolve the conflicting inferences. ...

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00-2304-CR State v. Porter

Crystal Porter appeals from a judgment of conviction entered on her guilty plea to keeping or maintaining a drug house, and from an order denying her request for postconviction relief. Porter claims: (1) she did not voluntarily consent to the warrantless entry into and subsequent search of her residence by police, and thus, the trial court erred in denying her ...

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00-2104 Sevcik, et al. v. Secura Insurance Company

This is a wrongful death action arising out of an automobile accident in which Sally Peters was killed and her son, Justin, was severely injured. Mary Sevcik, as personal representative of the Estate of Sally Peters, and Justin, by his guardian ad litem, (collectively, the Peters) appeal a judgment in favor of Secura Insurance Company. The Peters argue that the ...

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00-2891-CR State v. Jensen

Jon Jensen appeals a judgment sentencing him to ten years in prison for burglary and an order denying his motion to reduce the sentence. He argues that the trial court did not adequately explain its reasons for imposing the maximum sentence and that the sentence is unduly harsh. We reject these arguments and affirm the judgment and order. This opinion ...

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00-3595, 00-3861 Multi-Ad Services, Inc. v. NLRB

“Substantial evidence supports the Board’s conclusion that management coercively interrogated Mr. Steele on August 16. The closed-door meeting was conducted in a manager’s office by Heathcoat and Ireland, two people who had authority to fire Mr. Steele. The two managers questioned Mr. Steele regarding why he would want to bring a union into the company. See Beverly Cal. Corp., 227 ...

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01-0666, 01-0667 01-0668, 01-0669 In the Interest of Katarina R.C., Carlos C., Leila M.C., Hector C.: Brown County Department of Human Services v. Rochelle D., et al.

The Brown County Human Services Department appeals orders vacating previous orders terminating Rochelle D’s parental rights. The circuit court determined that Rochelle had not been properly instructed of her right to substitution of judge and that she did not know of that right. The State argues that Rochelle was advised of her right to substitution of a judge while she ...

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00-0490-CR, 00-0491-CR State v. LaRoche

In this consolidated appeal, Leonard J. LaRoche appeals from judgments and an order sentencing him to prison on four counts of failure to pay child support following probation revocation proceedings. He argues that his probation in 94 CF 201 expired prior to the hearing at which the circuit court purported to extend his probation and that his probation in that ...

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99-2828 & 99-3049 U.S. Can Company v. NLRB

“A direct offset would permit the employer to appropriate a portion of the employee’s own economic-benefits package. Deterrence would be reduced, and the employee would be worse off to boot. U.S. Can therefore is wrong to say that it is entitled to a dollar-for-dollar offset. … Allowing a simple offset would be equivalent to permitting the employer to treat the ...

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00-3128 In Re the Termination of Parental Rights to Ja'Twan W.: State v. Sandra W.

Sandra W. appeals from an order terminating her parental rights (“TPR”) to Ja’Twan W. Sandra claims that she received ineffective assistance of trial counsel, and that the trial court erred when it refused to allow her to withdraw her admission that grounds exist to terminate her parental rights. Because Sandra has failed to prove that she received ineffective assistance of ...

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00-2196-CR State v. Worby

Lee D. Worby appeals from a judgment of conviction for child abuse and an order denying his sentence modification motion. The issue on appeal is whether a “neutral and detached magistrate” sentenced Worby. We conclude that Worby’s sentence was free of bias and it was based upon proper sentencing factors. We affirm and remand for the purpose of correcting the ...

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00-4191 U.S. v. Lowell

“Bankruptcy panel trustees are, of course, compensated for their services. In addition to a $60 fee paid to the trustee by the government for every bankruptcy case she closes, a panel trustee’s compensation in a given case is based upon a percentage of the value of the assets liquidated and disbursed to the estate’s creditors. It is obvious, therefore, that ...

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00-2461 Catholic Charities Bureau Inc. v. Department of Health and Family Services

The Wisconsin Department of Health and Family Services appeals an order directing it to adjust St. Francis Home in the Park’s Medicaid reimbursement rates for the 1997-98 and 1998-99 rate years. Because St. Francis failed to timely appeal the established rates for 1997-98 and 1998-99, we conclude that St. Francis waived its right to challenge the rates. Therefore, the order ...

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00-3245 State v. Jackson

Dwayne O. Jackson appeals his sentence after pleading no contest to a charge of sexual intercourse with a child over the age of 16 as a repeater. Jackson brought a motion to withdraw the plea on the ground that the repeater enhancement was invalid. Jackson observed that the repeater used by the State was a conviction which was on appeal ...

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99-3354 State of Wisconsin ex rel. Ruven George Seibert v. Macht, Dir. Wisconsin Resource Center

“Although a sexually violent person, committed under Chapter 980, is not a criminal defendant, he or she has the same constitutional rights as a criminal defendant. See Wis. Stat. § 980.05. It therefore follows that an individual committed under Chapter 980 has a constitutional right of counsel in bringing his or her first appeal as of right, emanating from both ...

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00-2691 U.S. v. Skidmore

“We agree with Skidmore that his decision not to present any witnesses or evidence should not have been referred to as a ‘failure’ of any kind on his part. The court’s use of this word in the instruction is problematic because, as Skidmore notes in his brief, it carries with it the possible implication from the court to the jury ...

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00-2151 Salonen v. Powers

Duane G. Powers appeals from a harassment injunction issued against him at the request of Lynn E. Salonen. Powers argues on appeal that there was insufficient evidence of harassment, that Salonen did not establish that he intended to harass her, and that the harassment injunction is overly broad. We conclude that there was evidence to justify the injunction and the ...

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00-2840-CR State v. Key

Ronald K. Key appeals his conviction for theft and an order denying his postconviction motions. He claims that his conviction should be overturned because the State failed to give him sufficient notice of what conduct violated sec. 943.20(1)(b) and because he was denied his right to a unanimous jury verdict. Assuming, arguendo, that the State failed to give him sufficient ...

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99-2774 Jensen v. Wisconsin Patients Compensation Fund

“State ex rel. J.H. Findorff v. Circuit Court for Milwaukee County, 2000 WI 30, 233 Wis. 2d 428, 608 N.W.2d 679, sets forth the applicable law relating to substitutions on remand, and the circuit court will apply the Findorff case should such a request for substitution be filed.” DISSENTING OPINION: Abrahamson, Ch. J., “On reflection, I conclude that my suggestion ...

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01-1122 U.S. v. Morrison

“What we have here is the police following a trail which led, very quickly, to Morrison. … [A] witness saw a black man running from the bank heading toward a parking lot for a neighboring apartment building. They had a general description of the robber. They traced the route and found currency, lending credence to the witness’ account. They then ...

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01-0283 Shoemaker v. The Hearst Corporation

Assuming, arguendo, that the Good Housekeeping Seal provided an express, limited warranty to Susan Shoemaker and that such a warranty was breached during the course of the move provided by Wheaton Van Lines Inc., we conclude that the breach was cured by the payment of an agreed-upon amount for all damaged, destroyed or lost personal property belonging to Shoemaker. Additionally, ...

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99-1434 United States v. Mead Corp.

“No matter which angle we choose for viewing the Customs ruling letter in this case, it fails to qualify under Chevron. On the face of the statute, to begin with, the terms of the congressional delegation give no indication that Congress meant to delegate authority to Customs to issue classification rulings with the force of law. … [T]hough the statute’s ...

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00-0095 In Re: the Commitment of Shawn Schulpius v. Schulpius

The order granting bypass of the court of appeals is vacated and the cause is remanded to the court of appeals. On Petition to bypass the court of appeals; Per Curiam Attorneys: For Appellant: Warren D. Weinstein, James E. Doyle, Madison For Respondent: Ellen Henak, Madison

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00-1357 Strzelec v. City of Franklin

“At the most, the Strzelecs’ negligence claim against the City and Bennett is based on a retrospective, result-colored analysis of how they contend the governmental discretion should have been exercised. Section 893.80(4) bars that claim.” Further, we reject plaintiffs’ claim that they were “denied the enjoyment” of their property and substantive “due process” rights by the city’s actions in failing ...

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00-2586-CR State v. Lessard

Alberta P. Lessard appeals from a judgment convicting her of disorderly conduct, see Wis. Stat. sec. 947.01, following a bench trial. We affirm. This opinion will not be published. Dist I, Milwaukee County, Siefert, J., Fine, J. Attorneys: For Appellant: Sally Day, Milwaukee For Respondent: Thomas J. McAdams, Milwaukee; David M. Lerman, Milwaukee

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98-0445 Johnson v. Rogers Memorial Hospital

“In sum, in view of the current state of the record, we conclude that the Johnsons have presented claims upon which relief may be granted. The record is insufficient for us to determine whether public policy considerations bar the Johnsons’ claims. Further, the factual record is insufficient for us to determine whether the statute of limitations bars the Johnsons’ claim ...

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00-3103 Fabyan v. Waukesha County Board of Adjustment

“[T]he owners’ desire to use the lower portion of their garage structure for storage is not a prohibited use under the applicable zoning. Therefore, the owners did not need a variance. Instead, the owners’ proposed use merely conflicted with the FAR requirements of the ordinance. As such, the proper avenue of relief was by special exception, and the owners properly ...

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00-1678 State v. Gates

Sammy J. Gates appeals pro se from a circuit court order denying his Wis. Stat. sec. 974.06 (1999-2000) postconviction motion. We affirm. This opinion will not be published. Dist II, Winnebago County, Schmidt, J., Per Curiam Attorneys: For Appellant: Sammy J. Gates, Boscobel For Respondent: William L. Gansner, Madison; Joseph F. Paulus, Oshkosh

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99-1977 Saucier v. Katz

“[Graham v. Connor, 490 U.S. 386 (1989) and Anderson v. Creighton, 483 U.S. 635 (1987)] refute the excessive force/probable cause distinction on which much of respondent’s position seems to depend. The deference owed officers facing suits for alleged excessive force is not different in some qualitative respect from the probable cause inquiry in Anderson. Officers can have reasonable, but mistaken, ...

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00-2568 State v. Entringer

“Forgery cannot be committed by the making of a genuine instrument, although the statements made therein are untrue. The term ‘falsely’ has reference not to the contracts or tenor of the writing, or to the fact stated in the writing, but it implies that the paper or writing is false, not genuine, fictitious, not a true writing, without regard to ...

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