A married same-sex couple attempting to challenge Wisconsin’s gender-specific “parent presumption” will have to wait for a future court to determine whether the presumption applies in same-sex marriage situations, an appeals court has ruled.
Lishou Wang, a Chinese citizen, is trying to avoid deportation on the grounds that he was persecuted for resisting China’s decades-old population control policy before coming to the U.S. Recently, a federal appeals court kept his case alive.
Two men who were sentenced to life in prison after committing crimes as juveniles recently lost an appeal for new sentences, despite their argument that a 2012 U.S. Supreme Court decision prohibits mandatory life sentences against juveniles.
Oct. 30, 2015 – Tabitha A. Scruggs was convicted for burglary, and the court imposed a $250 DNA surcharge on her at her sentencing. Scruggs filed a motion asking for the $250 DNA surcharge to be vacated, as she felt it was punitive and violated the ex post facto clauses of the U.S. and Wisconsin Constitutions.
Oct. 28, 2015 – At her sentencing hearing for possession of heroin, Courtney Sobonya requested expungement of her criminal record. She was 23 when she was charged with five drug-related crimes, and pleaded guilty to heroin possession.
Oct. 26, 2015 – While most verbal harassment may not rise to the level “cruel and unusual punishment” in a prison setting, some may, and courts need to consider all the facts when evaluating such cases.
Nov. 4, 2015 --
Oct. 20, 2015 – In a case of unintended consequences, an insurance policy endorsement on pollution was found ambiguous and summary judgment was reversed for an insurance company seeking not to provide coverage to its insured.
A state appeals court has ruled that a former commercial tenant can avoid liability for injuries that occurred on property the tenant recently vacated because the tenant was considered a “vendor” under Wisconsin law.
A law firm is not subject to state tax on hard photocopies of medical records purchased on behalf of a client, the state’s Tax Appeals Commission has ruled.
A state appeals court has upheld a child pornography conviction, rejecting defendant David Gant's claim that police violated his constitutional rights by holding his computers in police inventory for 10 months after closing an investigation into his wife's death.
Oct. 13, 2015 – Learn about efforts to contain zombie properties, managing the threat of whistleblower claims, and what might be in store for taxing online commerce.
Rockie Douglas was arrested and jailed while on probation, but refused to tell his probation agent about his “whereabouts and activities” relating to the arrest. Recently, a state appeals court ruled that Douglas’s probation was improperly revoked.
Gov. Scott Walker today appointed Wisconsin Appeals Court Judge Rebecca Bradley to fill a judicial vacancy on the Wisconsin Supreme Court.
A state appeals court has ruled that “commuting” a defendant’s sentence to address plea hearing violations does not remove a defendant’s right to withdraw his or her plea, despite the state’s argument in favor of this alternative standard.
A state appeals court recently used the “incorporation-by-reference” doctrine to end, for now, a lawsuit by a former forensic scientist who alleged that a supervisor within the Wisconsin Department of Justice retaliated against him.
Oct. 2, 2015 – It was a night of celebration and a night of remembrance, as 42 new Fellows were inducted into the Wisconsin Law Foundation at a dinner Sept. 30 in Madison.
They deserve the celebration and congratulations: They are the 54 newest lawyers in Wisconsin.
A man named Douglas believes he could be the father of a baby born into a marriage. A circuit court dismissed his paternity action, but a state appeals court recently ruled that dismissal does not automatically mean “dismissal with prejudice.”
Governor Scott Walker is seeking applicants for appointment to the Wisconsin Supreme Court. The appointee will fill the vacancy created when Supreme Court Justice N. Patrick Crooks passed away on Sept. 21, 2015.