A criminal conviction in Wisconsin can lead to deportation for persons who are not U.S. citizens. But can judges consider a defendant’s immigration status as a factor in fashioning a sentence? The Wisconsin Supreme Court may soon decide.
TV, radio, and real life events have piqued the nation’s interest in legal cases and the justice system, especially in the last year. Now, Wisconsin high school students will get firsthand experience in dealing with the intricacies of presenting a court case.
An Australian newspaper in 2010 published an allegedly untrue statement about a man who now lives in Shorewood, Wisconsin. It said he faced prosecution in the U.S. “for allegedly producing a revolver at his daughter’s wedding.”
Mentor, professor, veteran, and former president of the State Bar of Wisconsin, James D. Ghiardi touched many lives as a Wisconsin lawyer and Marquette Law School professor.
Brian Harris argued it was a violation of his Fifth Amendment right against self-incrimination to allow statements he made to police to be used at trial, even though he made the statements without receiving any Miranda warnings.
A Wisconsin Supreme Court majority recently ruled that a warrantless police stop in a private parking garage was legal because police had reasonable suspicion to make the stop and the garage was not a constitutionally protected area.
A jury convicted James Eady Jr. for robbing a Milwaukee bank. Recently, Eady lost his appeal, despite his argument that the state failed to prove he robbed a “chartered” bank.
The trial judge in a “shaken baby” case did not commit any error when he excluded state law witnesses that were not timely disclosed to the defense, even though the prosecutor disclosed the names before trial, a state appeals court has ruled.
Jan. 8, 2016 – Concerns about courthouse security, treatment courts’ struggle with the heroin epidemic, and complex jurisdictional issues between tribal and local governments: the January Wisconsin Lawyer magazine tackles these weighty issues as well as some lighter fare.
A prison inmate who appealed orders to involuntary commit him and treat him with psychotropic drugs recently lost his appeal to the Wisconsin Supreme Court, which rejected his constitutional challenge to the involuntary commitment statute.
A state department of justice (DOJ) employee demoted after questioning whether the DOJ could legally use taxpayer funds for the attorney general’s security detail at a Republican National Convention did not have whistleblower law protection.
A bank is liable for a misrepresentation that induced a homebuyer to buy a foreclosure home with undisclosed water and mold damage, even though the sale contract said the buyer was purchasing the home “as is,” a state appeals court has ruled.
The Internal Revenue Service (IRS) recently raised the threshold for deducting de minimus capital expenditures, from $500 to $2,500. But solo and small firms that want to take advantage of this in 2016 may need to to take action before the end of this year.
A state appeals recently upheld a home foreclosure judgment, concluding that the circuit court properly admitted certain documents evidencing amounts due and owing under the business records exception to the hearsay rule.
Rene Von Schleinitz died in 1972. His will provided for a trust to hold land with “improvements,” including cottages on Cedar Lake in West Bend. Recently, a state appeals court ruled that “improvements” did not include septic and well systems serving a cocottage built and owned by Von Schleinitz’s daughter and her husband.
A state appeals court has ruled that Eric Soderlund failed to state a free speech retaliation claim against a Wisconsin Department of Justice (DOJ) official, affirming an order dismissing the case on DOJ’s motion for judgment on the pleadings.
Holiday gift ideas, an annual review of significant Wisconsin Supreme Court and Wisconsin federal court decisions, and how employers can reduce risks associated with inappropriate social media use: The December Wisconsin Lawyer is a real 'stocking stuffer.'
The officer who arrested Glenn Zamzow for operating while intoxicated (OWI) died before Zamzow’s suppression hearing. Recently, a state appeals court ruled that the trial court properly considered an audio recording of the officer despite Zamzow's constit
Cory Herrmann accidentally dropped a switchblade while showing it to a friend in his own home, piercing his femoral artery. Recently, a state appeals court reversed his conviction for possessing a switchblade, citing his right to bear arms.
Personal injury attorneys who order a client’s health care records with the client’s permission are not exempt from paying certification and retrieval fees under the health-records-fee statute, a state appeals court has ruled, reversing a lower court.