March 28, 2014 – A state appeals court recently agreed that retroactive application of harsher sentencing laws enacted after the defendant committed his crimes violated his constitutional right to be free of prolonged sentences for his particular crimes.
March 27, 2014 – The state supreme court recently clarified the controlling law when a sexual assault defendant moves for in camera inspection of an alleged victim’s privileged therapy records, which defendant can do in some limited circumstances.
A circuit court was right to deny a real estate company’s request to compel arbitration against another company’s realtor on the issue of attorney fees and costs because the request came too late, a state appeals court has ruled.
A jail strip search revealed that Jimmie Minett was hiding drugs. Recently, a state appeals court ruled that the suppression of evidence obtained from a strip search, even if it violated state statute, is not an available remedy.
March 21, 2014 – Twenty-four young lawyers who were nominated by legal professionals statewide are attending the second State Bar Leadership Development Summit in Green Bay today.
Governor Scott Walker is seeking applicants for judicial appointment to two circuit court vacancies, one in Milwaukee County and one in Kenosha County. The deadline for the Milwaukee County vacancy is March 24; Kenosha is April 8.
People occasionally pat their pockets to ensure they haven’t lost items of value, such as phones or wallets. Police call it a “security adjustment.” Recently, a state appeals court ruled police could not use a security adjustment, without more, as a basis to search someone.
A general contractor’s employee was injured when he fell from scaffolding supplied by a subcontractor. The employee reached a settlement with the subcontractor, and now the general contractor must indemnify the subcontractor.
Yesterday, the Wisconsin Supreme Court heard an insurance case involving a police officer who was struck by a motorist at the airport. Today, the court is heard an immunity case involving a car crash with a police car that ran a red light.
The U.S. Court of Appeals for the Seventh Circuit recently reviewed plea dealings that took place 15 years ago in a Wisconsin murder case, concluding that the defense lawyer did not botch a plea deal because a plea deal was never offered.
A man convicted on his sixth offense operating while intoxicated (OWI) recently lost his appeal to keep “zero tolerance” violations in Illinois from counting as prior OWI convictions for sentence enhancement purposes here in Wisconsin.
A mother accused of brutally beating her 14-year-old daughter cannot withdraw her no contest pleas, the state supreme court has ruled, because allowing a trial at this stage would substantially prejudice the state’s case against the mother.
In the March issue of Wisconsin Lawyer, now available online and in mailboxes soon, you’ll learn about a proposal to limit the terms of Wisconsin Supreme Court justices to one, 16-year term, known as the “The Wisconsin Plan.”
Under Wisconsin’s notice pleading rules, the City of Oshkosh had reasonable and sufficient notice that a business owner intended to contest two special assessments against its property, despite an omission in the original complaint.
Michael Kingsley sued corrections officers of the Monroe County jail, complaining they used excessive force against him while he awaited trial and deprived him of his constitutional rights. Recently, a federal appeals court ruled against Kingsley.
Organized crime groups are using a sophisticated debt collection scheme to defraud attorneys in the United States, according to a recent FBI report.
The Wisconsin Supreme Court has added three criminal cases to its docket, including one to examine whether statements made by Rapheal Myrick at his co-defendant’s preliminary exam were admissible in the murder case against Myrick.
Feb. 27, 2014 – A state appeals court has sided with the Wisconsin Department of Justice to deny a man’s application to carry a concealed weapon because the applicant was previously convicted for disorderly conduct involving domestic violence.
A state appeals court recently tackled the “vexing problem” that arises when a penalty enhancer for habitual criminality triggers the need to impose a bifurcated sentence on the underlying misdemeanor crime or crimes.
An attorney who filed an untimely notice of potential claim with his professional liability insurer is still covered, a state appeals court has ruled, because the late notice did not prejudice the professional liability insurer under the circumstances.