The Wisconsin Supreme Court has ruled that Kearney Hemp’s criminal conviction should have been expunged automatically once he completed the conditions of his probation and he was not required to take additional steps to clear his record.
Service of process was fundamentally defective because the plaintiff sent pleadings to the wrong address, a state appeals court has ruled, rejecting the argument that the typographical error was only a technical defect.
The Wisconsin Supreme Court has added 10 cases to its docket, including one to determine whether a commercial real estate brokerage firm will get a $378,000 commission on a $6.3 million deal, even though the deal fell through.
A commercial property owner sought $400,000 in just compensation because the Wisconsin Department of Transportation relocated a road, diminishing the property’s value. Recently, the state supreme court sided against the property owner.
The bank seeking to foreclose on owner-occupied, single family homes after a six-month redemption period was not required to publish a notice of foreclosure sale during the redemption period, a state appeals court has ruled.
Dec. 8, 2014 – Top state and federal court decisions. A feature on creative financing for energy upgrades to existing buildings. A Q&A with the Hon. James D. Peterson, new to the federal district bench. Don’t miss the December Wisconsin Lawyer.
Mandatory e-filing and a proposed rule requiring redaction of certain “protected information” in court documents were among the discussion topics at the State Bar of Wisconsin Board of Governors' meeting today in Madison.
Ramon Gonzalez was required to show the jury his platinum teeth during his trial for battery against a fellow jail inmate. Recently, the state Supreme Court rejected Gonzalez’s argument that this violated his right against self-incrimination.
Dec. 2, 2014 – On the heels of “Black Friday” and “Cyber Monday” – days conceived to attract holiday shoppers, today is #GivingTuesday, a global day to celebrate generosity and to give back to those organizations that are making a difference in your community.
A man who reached a plea agreement in his armed robbery case can now withdraw the plea, a Wisconsin Supreme Court majority (4-3) has ruled, because the man was misinformed about the sentence he faced if convicted.
Class counsel attorneys’ fees averaging $538 per hour was excessive compensation, the U.S. Court of Appeals for the Seventh Circuit has ruled in an appeal from a class action settlement involving makers and distributors of dietary supplements.
Nov. 26, 2014 – On behalf of the State Bar leadership, management and staff, thank you for the contributions you make to the legal profession, your communities, and the State Bar. Enjoy and have a Happy Thanksgiving.
Blaire Frett received an underage drinking ticket in 2012 but pled to an amended charge of littering. She paid the fine and later moved the circuit court to expunge her record. Recently, an appeals court said the record could not be expunged.
Oshkosh police responded to a complaint that someone was smoking marijuana at an apartment complex. Recently, a state appeals court ruled that police did not violate the suspect’s Fourth Amendment rights despite entering without a warrant.
By a 95-0 vote, the U.S. Senate yesterday confirmed Pamela Pepper as the newest judge for the U.S. District Court for the Eastern District of Wisconsin. Pepper will leave her post as chief judge of the Eastern District’s U.S. Bankruptcy Court.
Nov. 20, 2014 – A state appeals court recently clarified that a person can commit identity theft regardless of whether he or she knows that personally identifying information belongs to an actual person.
David Carlson, who pled guilty to sexual assault of a child, said his counsel was ineffective for telling him that pleading guilty would give him a “realistic possibility” of avoiding prison time. Recently, a state appeals court rejected the claim.
Alyce Armstrong bought a “landlord insurance policy” to insure a duplex she owned in Milwaukee. A fire caused substantial property damage to the duplex. Now the insurer, Allstate Indemnity, faces a bad faith claim by Armstrong’s estate.
Governor Scott Walker is seeking applicants for Waukesha County District Attorney to fill the vacancy left vacant by the election of Brad Schimel as the Wisconsin Attorney General.
The warrants ordering Google and Yahoo to produce the email records of an employee who worked for then-Milwaukee County Executive Scott Walker were valid and did not violate her Fourth Amendment rights, a state appeals court has ruled.