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.
The State Bar of Wisconsin’s Board of Governors (board) supports a petition to authorize and facilitate the use of electronic appellate records, as well as the continued authority of circuit courts to transfer certain civil actions to tribal court.
A state appeals court has ruled that a law barring registered sex offenders from photographing minors in public without consent from parents is unconstitutionally overbroad, reversing convictions against a registered sex offender.
Gladys Vogel and her grandson, Steven Baumgard, jointly purchased a new Toyota Corolla for $22,500. But Vogel put down the lion’s share, $20,000. Police later impounded the car. Recently, a state appeals court overturned a forfeiture order against Vogel, concluding that forfeiture against her would be constitutionally excessive.
Wisconsin Supreme Court Justice N. Patrick Crooks passed away yesterday in his chambers at the State Capitol in Madison. He was 77. Friends and colleagues will remember him as a hardworking and thoughtful decision-maker.
The Wisconsin Supreme Court may hear a case to decide whether circuit courts can rely on Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) assessments when sentencing criminal defendants.
A federal appeals court has ordered a new trial for Michael Kingsley, who was tasered while awaiting trial at a Wisconsin jail. Kingsley took his excessive force case to the U.S. Supreme Court, which decided in his favor this summer.
Wisconsin Supreme Court Justice N. Patrick Crooks, who has served 38 years as a judge and almost two decades as a supreme court justice, announced today that he will not seek reelection when his term ends on July 31, 2016.
When an underlying complaint does not allege a covered insurance claim, courts must not look outside of the four corners of the complaint to determine whether there is a duty to defend, a state appeals court has ruled.
A state appeals court has ruled that a homicide defendant did not have an expectation of privacy in text messages that he sent to the victim’s phone, which allowed police to obtain a warrant for more text messages sent between the parties.
Sept. 8, 2015 – Does your client want to use land in a way that is not authorized as a matter of right? Or is your client the neighbor who is trying to stop this use of land? Whatever side you “land” on, the September Wisconsin Lawyer has the skinny.
Traveling for Labor Day weekend? Does your airline fare come with a free in-flight drink? If so, you may be interested in this case involving two travelers who filed a class action after discovering an airline stopped honoring in-flight drink vouchers.
A state appeals court has ruled that a man who violated his probation, triggering a two-year prison sentence, cannot get credit for "good time" earned while in jail.
A landowner who bought property burdened by a private roadway easement wanted it moved, and was almost successful. But recently, a state appeals court ruled that the trial court did not have the power to alter the existing easement.
The U.S. Government paid Craig Patrick almost $7 million for uncovering a Medicare fraud scheme involving $75 million in false billings. Recently, a federal appeals court ruled that Patrick can’t claim the award as a capital gain.