A promise not to prosecute a couple for child abuse became binding once the couple detrimentally relied upon the promise by consenting to the termination of their parental rights, the Wisconsin Court of Appeals has ruled.

Mar. 10, 2023

Use of Lab Report to Cross-examine Defense Witness Violated Confrontation Clause

Testimony from a neighbor who heard a woman scream “Stop, stop, I love you, I love you,” corroborated a fact revealed by a criminal defendant in his confession, the Wisconsin Supreme Court has ruled.

Mar. 06, 2023

State Bar Introduces Justice Breaking Point Webpage

The State Bar is rolling out a new webpage to focus on solutions for the challenges facing Wisconsin's criminal justice system.

Mar. 01, 2023

Big Revision for Child Name Changes

The recent 2021 WI Act 182 created new language for petitions to change the name of a minor under 14 years of age with two living parents who are not filing a joint petition in certain circumstances. Amanda R.R. Mayer outlines the new law and how to navigate it – and points out a glaring omission.

Mar. 01, 2023

What’s the Hold Up? Delays with the Social Security Disability Decisions

Social Security Disability payments for disabled individuals reentering society from incarceration are an important lifeline, allowing them to achieve the kind of independence and economic stability that promotes community ties and reduces recidivism. Kelsey Brown presents reasons for these delays and concludes with the impact the delays have on her clients’ lives.

Mar. 01, 2023

Real Estate Cybercrime is on The Rise

Attorneys should be aware of a new real estate scam: cybercriminals who con realtors into selling property they don't actually own. Cheri Hipenbecker, general counsel for Milwaukee’s Knight Barry Title Group, explains.

Feb. 24, 2023

Law Does Not Allow Probation for 5th OWI Conviction, Court of Appeals Rules

A circuit court erred by staying a prison sentence for a person convicted of her fifth operating while intoxicated offense, the Wisconsin Court of Appeals has ruled.

Feb. 17, 2023

Governor’s Budget Proposal Provides Needed Increases in Funding for District Attorneys and Public Defenders

Wisconsin's criminal justice system is facing a watershed moment. Staff vacancies and turnover for prosecutors and defenders are pushing the system to a breaking point, and solutions must include adequate funding from the legislature.

Feb. 16, 2023

State Bar Presidents' Statement on Funding Initiatives in the Governor’s Budget Proposal

The State Bar of Wisconsin issued a statement following Gov. Tony Evers' Feb. 15 budget address.

Feb. 08, 2023

E-submission Date is Filing Date for Documents, Regardless of When Clerk Accepts

A criminal information electronically submitted within 30 days of the defendant’s preliminary hearing was timely filed, even though the clerk didn’t accept the information until 30 days after the hearing, the Wisconsin Court of Appeals has ruled.

Feb. 06, 2023

Wisconsin's Biennial Budget Must Address the Justice System Crisis

Overworked and understaffed, Wisconsin's criminal justice system is facing a crisis that has been long in the making. Legislators must address it in the upcoming biennial budget.

Jan. 27, 2023

Failure to Contact Alibi Witnesses Entitles Defendant to Machner Hearing

A defendant whose attorney failed to contact two alibi witnesses is entitled to a hearing on his claim for ineffective assistance of counsel, the Wisconsin Supreme Court has ruled.

Jan. 20, 2023

Duplicative Child Abuse Report Not Material Under Brady

Withholding of a child abuse report from a defendant did not violate the constitutional rule established by the U.S. Supreme Court in Brady v. Maryland, because the report contained the same information as a sheriff’s report that was turned over to the defendant, the Wisconsin Supreme Court has ruled.

Jan. 18, 2023

Breaking Point: Vacant Prosecutor Positions Fuel Justice System Crisis

Prosecutor situation in Dodge County isn't an isolated event. A Criminal Justice Coalition is seeking to change a systemwide problem.

Jan. 18, 2023

Will 2023 Be the Year of Expungement Reform in Wisconsin?

The State Bar of Wiscconsin's Board of Governors believes in expanding eligibility for expungement for single, lower-level, non-violent criminal offenses, but lawmakers need to hear the voices of their constituents in the legal communit

Jan. 10, 2023

Civil Litigation Series
Discovery from Cell Phones in Civil Cases

Almost everyone has a cell phone, and many people use their phones even when doing so is not advisable. Cell phones hold a great deal of personal data that could be relevant in any legal proceeding. Civil litigators might find much relevant evidence in the phones of parties and others involved in their cases.

Jan. 04, 2023

Legal Research 101: Wisconsin Jury Instructions

Wisconsin has over 1,600 jury instructions, and all are now available online at no cost. Law librarian Carol Hassler discusses the basics of Wisconsin jury instructions, and how to stay on top of the latest updates.

Dec. 21, 2022

Jury Strategy Begins in Voir Dire

Criminal defense attorney Jessa Nicholson Goetz makes it a habit to discuss the important issues in a case during jury selection, long before she gives her closing argument.

Dec. 21, 2022

Forensic Justice Institute: Firearms Identification Evidence

Firearm identification evidence is undergoing heightened scrutiny, according to Kristen McGowan, Ph.D.

Dec. 12, 2022

2023-24 Legislative Preview: Budget Surplus Sets the Stage

With a massive budget surplus projected, the upcoming legislative session offers big opportunities for government funding and tax reform, but only if the Governor and Legislature can work together.

Dec. 12, 2022

Brand of Motorcycle Plus Proximity of Time and Place Not Enough for Traffic Stop

A police officer who stopped a motorcyclist on a Harley five minutes after another officer reported a Harley driving erratically in the same area lacked reasonable suspicion for the stop, the Wisconsin Supreme Court has ruled.

Dec. 09, 2022

Final Thought
Justice is Owed to the Accused and to the Accuser

Outagamie County District Attorney Melinda Tempelis says inadequate funding of pay progression for prosecutors jeopardizes the delivery of justice and protection of crime victims' rights in Wisconsin. 95 Wis. Law. 64 (Dec. 2022)

Dec. 07, 2022

Memory Science, Dog-Sniff Evidence Part of Upcoming Forensic Justice Institute

Speakers at the second annual Forensic Justice Institute will discuss the emerging science of criminal forensics.

Dec. 05, 2022

Warrantless Entry into Fenced Backyard Violated Fourth Amendment

Police who arrived at an address where an erratic driver was reported to have gone but waited to gather information before entering the property were not engaged in hot pursuit and their warrantless search was illegal, the Wisconsin Supreme Court hasunanimously ruled.

Nov. 29, 2022

Blood Draw Refusal Case: Supreme Court Upholds Search Warrant Affidavit

When making an affidavit for a search warrant, a police officer satisfies the oath and affirmation requirements of the U.S. and Wisconsin constitutions as long as the wording of the affidavit impresses upon the officer a sense ofobligation to tell the truth, the Wisconsin Supreme Court has ruled.

Nov. 17, 2022

Seventh Circuit Declines to Revisit Drug Sentencing Guidelines Case

The U.S. Court of Appeals for the Seventh Circuit has declined to revisit its holding in a 2020 case that resolved a sentencing guideline issue which is the subject of a circuit split.

Nov. 17, 2022

Castle Doctrine: Seventh Circuit Upholds Denial on Jury Instruction

A state court’s denial of a motion to amend the standard jury instruction regarding self-defense did not entitle a defendant to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Nov. 16, 2022

Circumstantial Evidence Sufficient to Sustain Securities Fraud Conviction

Corroboration from multiple witnesses that a chief financial officer was aware of misleading entries in his corporation’s financial statements was sufficient to sustain a guilty verdict, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Nov. 16, 2022

Man Jailed by Mistake Failed to Show Due Process Violation

A man who was jailed for four-and-a-half days after being mistaken for his brother failed to demonstrate that corrections officials violated his due process rights, the U.S. Court of Appeals for the Seventh Circuit has ruled

Nov. 11, 2022

Biometrics Outside Borders: Privacy Protection Acts and Wisconsin Lawyers

Illinois is among the states attempting to regulate business use and handling of biometric identifiers. Although Illinois has not attempted to regulate out-of-state biometric information, skilled lawyers have extended liability to businesses outside Illinois – including in Wisconsin. 95 Wis. Law. 16 (November 2022)

Nov. 11, 2022

President's Message
Videoconferencing Promotes Justice for All

Margaret Hickey says allowing lawyers and clients to attend some hearings by videoconference saves time and money, reduces nonappearances, and makes the legal system more accessible.

Nov. 11, 2022

101
What a Jury Consultant Can Do For You

Jeffrey Goodman explains that the best jury consulting teams pair the wisdom and intuition of a trial lawyer's on-the-ground experience with the data of a behavioral social scientist to provide accurate insight about how people think and make decisions.

Nov. 11, 2022

As I See It
Standardizing Wisconsin Motion Practice – and Calendaring in General

A system that operates according to contradictory or nonexistent rules is inherently inefficient. The lack of standardized rules for some elements of civil procedure hampers legal-system participants in Wisconsin, but the problems could easily be rectified. Ryan Simatic offers some solutions.

Nov. 10, 2022

Drunk Driver's Minor Daughter, a Passenger, was Victim Under Restitution Statute

A man's conviction for operating while intoxicated means that his minor daughter, who was a passenger in the car when he was arrested, was a victim under the state’s criminal restitution statute, the Wisconsin Court of Appeals has ruled.

Nov. 10, 2022

Admission of Statements from Bodycam Footage Did Not Violate Confrontation Clause

The admission of statements made by an accomplice in police bodycam footage did not violate the defendant’s Sixth Amendment right to confront witnesses against him because the statements described an ongoing criminal situation, the U.S. Court of Appeals f

Nov. 07, 2022

State Bar Supports Judicial Council Funding

The Judicial Council has been working for years without funding from the Legislature. It's time for that to change.

Oct. 26, 2022

Reckless Homicide Statute Applied to Drug-buy Abettor is Constitutional

Two statutes that create homicide liability for aiding and abetting the acquisition of drugs that cause a fatal overdose are not unconstitutionally vague, the Wisconsin Court of Appeals has held.

Oct. 25, 2022

Prosecutor's Statement About 25-year Sentence Violated Plea Agreement for 20-year Sentence

The Wisconsin Court of Appeals has ruled that a prosecutor who said both parties agreed that a 25-year sentence was appropriate breached a plea deal that limited the defendant’s sentence to 20 years.

Oct. 24, 2022

State Bar Hosts Attorney General Debate on October 27

The State Bar will host an Attorney General debate for the 2022 election on October 27 at 4pm.

Oct. 19, 2022

Dilemma: Side Switching: Conflicts when a Defense Lawyer Runs for District Attorney

When the opportunity opens up to run for district attorney, what conflicts arise for an established criminal defense attorney interested in running?

Oct. 19, 2022

Tips for Dealing with Difficult Clients

How to defuse tense situations with clients and others you encounter in your practice.

Oct. 18, 2022

Last Call: RSVP for Wisconsin Attorney General Candidate Debate, Oct. 27

The State Bar of Wisconsin, along with its partners, WisPolitics.com and WISC-TV, will host a debate between the candidates for Wisconsin Attorney General, District Attorney Eric Toney and Attorney General Josh Kaul.

Oct. 11, 2022

Child Sex Assault Statute of Limitations Extender Applies to Negligent Hiring Lawsuit

The Wisconsin Court of Appeals has ruled that a statute that extends the statute of limitations for actions seeking damages for child sexual assault applies to a negligent hiring and supervision action.

Oct. 10, 2022

State Bar Supports Criminal Justice Agency Requests for Fiscal 2023-2025 Budget

In September, state agencies submitted their 2023-2025 fiscal requests to help shape the upcoming budget. The State Bar supports requests for increased investment in our criminal justice system.

Sep. 16, 2022

State Bar of Wisconsin Supports Justice System Budget Requests

State Bar of Wisconsin President Margaret Hickey makes a statement of support for an increase in funding for Wisconsin's criminal justice system.

Sep. 14, 2022

OWI Arrestee Failed to Show Blood Draw was Unconstitutional

A man arrested for operating while intoxicated (OWI) failed to show that a blood draw ordered by the police while he was unconscious was unconstitutional, the Wisconsin Court of Appeals has ruled.

Sep. 14, 2022

Search of Keychain Container Was Lawful Search Incident to Arrest

A police officer did not violate the Fourth Amendment when he opened a small canister taken from the purse of a woman who had been detained for shoplifting, the Wisconsin Court of Appeals has ruled.

Sep. 14, 2022

Excluding Experts and Using Pattern Jury Instruction Not a Court Error

The trial court in a homicide trial properly excluded prior bad acts evidence and expert witnesses whose testimony was unreliable or would have been confusing, the Wisconsin Court of Appeals has ruled.

Sep. 07, 2022

Supreme Court 2021-22 Term: More Than Half of Decisions Were 4-3

Decisions on legislative maps, the authority to adopt pandemic control measures, and public records were among the cases decided this term by a 4-3 margin. This article includes insights from a legal historian, as well as a civil litigator and a former public defender, and lists the holding and vote in each case.

Sep. 07, 2022

Arrest and Conviction Record Discrimination Law in Wisconsin

Determining which interactions with the criminal justice system can legally be considered in employment and licensing decisions can be a challenge for employers and employees. This article summarizes the status of Wisconsin law regarding arrest and conviction record discrimination. 95 Wis. Law 14 (Sept. 2022)

Sep. 07, 2022

Implications of the Dobbs Decision for Wisconsin Health Care Providers

Health care institutions, individual providers, and associated professionals, such as pharmacists, must proceed carefully when considering the effects on their professional duties and responsibilities of the U.S. Supreme Court’s overruling of Roe v. Wade. 95 Wis. Law. 20 (Sept. 2022)

Aug. 18, 2022

Court’s Message to Amish Community Doesn’t Warrant Resentencing

A judge’s statement that prison time for an Amish man convicted of sexual assault was necessary to send a message to the Amish community does not entitle the man to a resentencing, the Wisconsin Supreme Court has held.

Aug. 17, 2022

On the Road Again: OWI Law and Electric Bikes and Scooters

Electronic bikes and scooters are more popular than ever. Though foolish and risky both to the driver and the public, riding an electric bike or scooter on a public road while under the influence does not appear to violate Wisconsin OWI laws.

Aug. 11, 2022

Use of Jailhouse Recordings Didn’t Violate Defendant’s Right to Counsel

Inculpatory recordings made secretly by a defendant’s cellmate and introduced at the defendant’s homicide trial did not violate the defendant’s Sixth Amendment right to counsel, the Wisconsin Supreme Court has ruled.

Aug. 10, 2022

Circuit Court Erred by Denying Request to Waive Juvenile into Adult Court

A circuit court erred by denying a prosecutor’s request to waive a juvenile who allegedly committed a mass shooting into adult court, the Wisconsin Supreme Court has ruled.

Aug. 05, 2022

Ban on Name Change Doesn’t Violate Sex Offender’s Constitutional Rights

A state law that prohibits a transgender sex offender from legally changing her name does not violate the First and Eighth Amendments to the U.S. Constitution, the Wisconsin Supreme Court has ruled.

Jul. 29, 2022

Hit Points: Regulating Less-than-Lethal Weapons

Know the possible legal perils for clients who buy, carry, and use items like pepper spray, bludgeons, and stun guns. This article explains how Wisconsin law defines and classifies less-than-lethal weapons, focusing on self-defense and concealed-carry statutes and regulations.

Jul. 26, 2022

Increasing Access to Justice through Court Interpreters

Qualified interpreters are an integral piece of ensuring access to justice for Wisconsin’s population with limited English proficiency. Megan L. Sprecher explains the interpreter qualification categories and interpreter procedures for circuit andappellate courts.

Jul. 26, 2022

Police Stop of Man One Minute After Shotspotter Alert Was Constitutional

A stop of man who was the only person seen by police in the area where gun shots had been reported by Shotspotter technology was constitutional, the Wisconsin Supreme Court has ruled.

Jul. 20, 2022

Resources for Seeking Expungement of Criminal Conviction and Arrest Records

Expungement of a past criminal conviction may help open doors for your client in obtaining employment, housing, and other critical opportunities. Law librarian Wendy Smith helps you understand this important process in Wisconsin and the resources available for legal information.

Jul. 11, 2022

State Public Defender Issues with Kelli Thompson

In this short interview, we asked State Public Defender Kelli Thompson to talk about some of the most pressing issues affecting the public defense side of the justice system.

Jul. 08, 2022

Affirmative Defense for Trafficking Victims is Complete Defense to Intentional Homicide

The affirmative defense available to victims of sex trafficking for crimes committed as a direct result of the trafficking is a complete defense to first-degree intentional homicide, the Wisconsin Supreme Court has ruled.

Jul. 01, 2022

Sex Abuse Verdict Supported by Reasonable Jury Inferences

The Wisconsin Supreme Court has ruled that a sexual abuse verdict was supported by reasonable jury inferences, even though the state failed to ask victims specifically whether the statutorily-defined sexual contact occurred during the time periods

Jul. 01, 2022

Rape Shield Law Applies To Testimony About Lack of Sexual Activity

The admission of testimony by a victim about her lack of sexual activity in the period preceding an alleged sexual assault did not warrant reversing a defendant’s sexual assault conviction, the Wisconsin Supreme Court has ruled.

Jul. 01, 2022

OWI Search Warrant Affidavit Sufficient After Stop on Driveway

A search warrant affidavit stated sufficient facts to find probable cause although it listed the driveway of the driver’s home address as the location of the drunk driving offense, the Wisconsin Supreme Court has ruled.

Jun. 29, 2022

Wisconsin Supreme Court Rules OWI Penalty Scheme Unconstitutional

The Wisconsin Supreme Court has ruled that the state’s penalty scheme for operating while intoxicated (OWI) convictions is unconstitutional because it allows a penalty enhancement for a refusal to consent to a warrantless blood draw.

Jun. 28, 2022

Due Process Rights in the Era of Video Proceedings

The shift to online proceedings in early 2020 due to the COVID-19 pandemic created a more difficult court environment for those without access to reliable technology. Jessica Brown discusses the digital divide and offers recommendations for helping clients who have limited access to technology.

Jun. 08, 2022

Disorderly Conduct Conviction No Bar to Concealed Carry Permit

The Wisconsin Department of Justice (DOJ) erred by revoking a concealed weapons permit issued to a man who was convicted of disorderly conduct after threatening his wife, the Wisconsin Supreme Court has ruled.

Jun. 08, 2022

Sufficient Facts Alone Not Enough to Mandate Machner Hearing

A defendant must present more than conclusory allegations to be entitled to an evidentiary hearing on a motion claiming ineffective assistance of counsel, the Wisconsin Supreme Court has unanimously ruled

May 31, 2022

Automatic Stay of Involuntary Medication Order Doesn't Apply Pretrial

The judicially created rule that grants an automatic stay to a defendant appealing an involuntary medication order does not apply to pretrial proceedings, the Wisconsin Supreme Court has ruled.

May 24, 2022

Merger of Audio, Video Does not Make Recording Inadmissible, Court of Appeals Rules

A video recording of an interview of a minor victim was not rendered inadmissible by the fact a separate audio recording of the interview was merged with the video, the Wisconsin Court of Appeals has ruled.

May 19, 2022

Two Strikes for DOJ: Health Care Executives Not Guilty of Antitrust Conspiracies

The U.S. Department of Justice’s recent criminal prosecutions of health care executives for no-poach and wage-fixing conspiracies have been met with not-guilty verdicts. Despite these losses, Wendy Arends says that the Department continues to prosecute this conduct, and that antitrust enforcers will investigate human resources practices that may restrain competition.

May 10, 2022

101
Understanding Anchoring

Ralph Weber explains how anchoring – specifically, the enduring effects of exposure to an initial number on later decisions – can help or hinder your work as a lawyer.

May 06, 2022

Failure to Object to Police Testimony About Informant Not Ineffective Assistance of Counsel

The Wisconsin Court of Appeals has ruled that a defense lawyer did not provide ineffective assistance of counsel by failing to object to testimony about the truthfulness of a confidential informant.

May 06, 2022

Firing Worker Based on Deferred Prosecution Agreements Did Not Violate WFEA

A company that fired an employee who admitted to felony charges that were the subject of deferred prosecution agreements did not violate the Wisconsin Fair Employment Act, the Wisconsin Court of Appeals has ruled.

Apr. 26, 2022

Missing Transcript Does Not Shift Burden to Prosecution in Collateral Attack on Conviction

The Wisconsin Supreme Court has ruled that a defendant collaterally attacking a prior conviction based on a claimed violation of her right to counsel bears the burden of proving that violation, even where no transcript of the prior trial exists.

Apr. 15, 2022

Subpoena of Hospital Blood Draw Did Not Violate Fourth Amendment

The Wisconsin Supreme Court has ruled that a subpoena for the results of a diagnostic blood draw did not violate a suspect’s Fourth Amendment rights, even though the subpoena came after the results of a warrantless investigative blood draw on the suspect were made known to the police.

Apr. 13, 2022

Mobile Device Forensics for Criminal Defense Lawyers

To better represent clients, criminal defense lawyers should learn about the types of digital evidence that may reside on clients' mobile technology devices and how the evidence can be accessed and preserved.

Apr. 13, 2022

Jim Shellow and the Importance of Mentorship

Like all new lawyers, Jim Shellow needed guidance and support during the early years of his practice. In the nearly six decades since, he has become a formidable criminal defense attorney, thanks to his mentor.

Apr. 11, 2022

Wisconsin Legislature Wraps Up 2021-22 Session

The Wisconsin Legislature has finished the business of the 2021-22 session. This article examines some of the bills and acts that were supported by the State Bar's lobbying practice sections.

Apr. 08, 2022

To Remain Silent (Or Not): The Fifth Amendment in Federal Court

Defendants’ misplaced reliance on an absolute – but imagined – right to remain silent upon arrest can leave them critically exposed at trial. Joshua D. Kundert discusses a critical flaw in federal court Fifth Amendment protections.

Apr. 07, 2022

Terms of Circuit Court Judgment Controlled Amount Deducted from Inmate’s Pay

State law did not authorize the Department of Corrections to deduct 50% of an inmate’s wages to pay restitution because a judgment of conviction specified that 25% of the inmate’s wages were to go toward restitution.

Apr. 07, 2022

Warrantless Search of Hotel Room Not Justified by Exigent Circumstances

Exigent circumstances did not justify the warrantless search of a hotel room occupied by a man who allegedly stole a pistol and was reportedly suffering from post-traumatic stress disorder and drug problems, a state appeals court has ruled.

Mar. 29, 2022

Lawyer’s Failure to Seek Report Amounted to Ineffective Assistance of Counsel

The Wisconsin Court of Appeals has ruled that a defense lawyer’s failure to request a copy of a child protective services report constituted ineffective assistance of counsel.

Mar. 16, 2022

Municipal Courts: Justice Delivered Locally

When your clients need representation in municipal court, it’s good to know the “big picture.” Municipal Judge and Circuit Court Commissioner Jason Hanson provides an overview of municipal courts and offers some practice tips.

Mar. 10, 2022

Final Thought
Justice Delayed Can Be Justice Denied

Among the COVID-19 pandemic's lingering effects are delays in criminal-case processing in Wisconsin courts. State Public Defender Kelli Thompson says stakeholders working together can help clear the backlogs and revive faith and trust in the legal system.

Mar. 07, 2022

Looking Back at the 2021-22 Session: State Bar Legislative Priorities

A look back at where the State Bar of Wisconsin's legislative priorities stand as the 2021-22 session wraps up.

Mar. 07, 2022

Nighttime Stop of Bicyclist Violated Fourth Amendment, Court of Appeals Rules

A police stop of a man riding his lighted bicycle at a normal pace across a school playground at night violated the Fourth Amendment’s ban on unreasonable search and seizures, the Wisconsin Court of Appeals has held.

Mar. 02, 2022

3 Reasons You Should Attend the 2022 Equal Justice Conference

The Wisconsin Equal Justice Conference returns Thursday, March 10. Find out more about this 6.5 CLE credit event, which is happening both on Zoom and in person.

Feb. 20, 2022

Circuit Court Did Not Rely on Improper Sentencing Factors by Discussing Defendant’s Gun Ownership

A circuit court did not rely on improper factors by discussing a defendant’s gun ownership when sentencing the man for second-degree intentional homicide, the Wisconsin Supreme Court has ruled.

Feb. 20, 2022

State Law Allows Consecutive Terms of Commitment, Wisconsin Supreme Court Rules

A circuit court properly imposed consecutive commitment periods on a criminal defendant who pleaded not guilty by reason of mental disease or defect, the Wisconsin Supreme Court has ruled.

Feb. 18, 2022

Fifth Amendment Doesn’t Insulate Uncooperative Insured from Denial of Coverage, Court of Appeals Rules

The Fifth Amendment’s privilege against self-incrimination does not prevent an insurance company from denying coverage to a homeowner who was unwilling to provide information essential to his claim, the Wisconsin Court of Appeals has ruled.

Feb. 07, 2022

It's a 'Fact': Incarceration Does Not Reduce Recidivism

The longstanding theory that incarceration deters repeat-offending is difficult to test. Michael O'Hear discusses the conclusion of a new meta-analysis of the issue: The specific deterrence theory is just not true.

Feb. 02, 2022

Inaugural Forensic Justice Institute Offers Unbiased Look at Forensic Science

Presenters discussed flaws in commonly accepted areas of forensic science and, explored the differences between law and science, and spoke movingly from personal experience about the costs of wrongful convictions.

Jan. 19, 2022

The Big Data Revolution: Rethinking the Meaning of Surveillance

The science behind forensic evidence is only one front in the battle against wrongful convictions. Another is the relationship between technology and civil liberties, says Elizabeth Daniel Vasquez, special forensic science counsel at Brooklyn Defender Services.

Jan. 19, 2022

Protecting the Presumption: The Constitutionality of Pretrial Detention in Wisconsin

Individuals charged with a criminal offense are legally provided the presumption of innocence. However, those unable to post bond are subject to pretrial detention and the same treatment as those sentenced to confinement upon conviction. Nicole Muller explores the constitutional conflict between the presumption of innocence and pretrial detention in Wisconsin, and how attorneys can better advocate and protect the presumption of innocence.

Jan. 14, 2022

Mention of ‘Uncontroverted’ Testimony Violated Defendant’s Right Against Self Incrimination

A Wisconsin appellate court has ruled that a prosecutor who repeatedly argued that a victim’s testimony was “uncorroborated” violated the constitutional right of a criminal defendant who did not testify during the trial.

Jan. 07, 2022

Lifelines for Survivors: Labor Trafficking in Wisconsin

A person is trafficked for labor when they are exploited for another’s financial gain through threat of force, fraud, or coercion. This article provides a current perspective on labor trafficking in Wisconsin, offering views from lawyers, survivor advocates, law enforcement, a survivor, and a policy expert.

Dec. 28, 2021

Circumstantial Evidence Means Trace Amount of Heroin Is Sufficient to Sustain Conviction

Dec. 28, 2021 – A state appeals court has ruled that a trace amount of heroin found on a defendant provides a basis for the offense of narcotics possession, because a jury could have reasonably inferred from compelling circumstantial evidence of recent dr

Dec. 28, 2021

Court of Appeals Sends Challenge to Victim Rights Measure to Supreme Court

Dec. 28, 2021 – The Wisconsin Court of Appeals has certified an appeal over a victims’ rights ballot measure adopted last year to the Wisconsin Supreme Court.

Dec. 23, 2021

The Safety-valve Provision: Does ‘And’ Mean ‘And’?

A sentencing court is not bound by the mandatory minimum prison sentence if a defendant qualifies for safety-valve relief. Lee D. Schuchart discusses the provision and two recent cases that appear to disagree on whether “and” actually means “and.”

Dec. 22, 2021

Failure to Justify Defendant’s Visible Shackling Violated Fourteenth Amendment

Placing visible restraints on a criminal defendant absent a determination that specific circumstances related to courtroom security or escape warrant it violates the Fourteenth Amendment, the U.S. Court of Appeals for Seventh Circuit has r

Dec. 15, 2021

The Top 29 Articles of 2021: Legal Profession Adapts to Pandemic's 'New Normal'

As Wisconsin's legal community pressed on through the second year of the COVID-19 pandemic, they continued to produce top-notch content. Here's the top articles of 2021.

Dec. 15, 2021

Judges, Defense Lawyers Join State Bar in Supporting Juvenile Shackling Petition

A rule petition filed with the Wisconsin Supreme Court would allow juveniles to be shackled only where a court finds that shackles are necessary because the juvenile presents a threat of harm, has a history of disruptive courtroom behavior, or presents a flight risk.

Dec. 15, 2021

Firearm Identification: Challenging the Evidence Pre-trial and Beyond

When Janis Puracal's brother was convicted on bogus drug trafficking charges, she was a newbie lawyer with no criminal law experience and didn't know much about forensic evidence. She shares her experience at the upcoming Forensic Justice Institute, Jan. 20-21, 2022.

Dec. 09, 2021

Eventful and Productive:
The Wisconsin Supreme Court's 2020-21 Term

In its 2020-21 term, the Wisconsin Supreme Court's 31 civil law opinions touched on issues including voting, the 2020 elections, COVID-19 regulations, contracts, taxation, torts, eminent domain, and municipal law. The court's 21 criminal law opinions dealt with issues including the Second, Fourth, and Sixth Amendments, use of evidence at trial, guilty pleas, and chapter 980 commitments. Here is a summary of all supreme court decisions from last term.

Dec. 09, 2021

As I See It
What Processing Pardon Applications Taught Me

The author reflects on lessons learned during an internship with the governor's legal counsel. People convicted of crimes are not lost causes, she learned, instead they can teach us all invaluable lessons.

Dec. 09, 2021

Ethics Opinion
EF-21-03: Responsibilities of a Lawyer with a Fugitive Client

The Professional Ethics Committee discusses a lawyer's responsibilities when a client is a fugitive.

Dec. 07, 2021

Multiple Charges Arising from High-Speed Chase Not Multiplicitous, Appeals Court Holds

A man convicted on four counts of fleeing or eluding an officer after leading police on a high-speed chase is not entitled to have three of the convictions vacated on grounds of ineffective counsel, because the three convictions were not multiplicitous

Dec. 07, 2021

Misstatements and Flawed Jury Instruction Violated Due Process in OWI Case

Prosecution misstatements about the elements of operating while intoxicated (OWI) and the omission of a paragraph from a standard jury instruction violated a criminal defendant’s due process rights.

Dec. 01, 2021

Forensic Evidence Integrity: Avoiding 'Great Swaths of Harm'

False and contaminated confessions, memory distrust and coercive police interviewing tactics can lead to false confessions and miscarriages of justice, according to speakers at the upcoming Forensic Justice Institute.

Dec. 01, 2021

Forensic Science & Interrogations: The Dangers of Misclassification & False Confessions

Forensic Justice Institute presenter Dave Thompson discusses best practices for criminal interviews.

Nov. 23, 2021

Supreme Court Affirms ‘Connected to Conduct’ Rule for Sentence Credit Calculation

A man who served nearly 12 years in prison out-of-state after being sentenced in Wisconsin is not entitled to have that time credited against his Wisconsin sentences because it was not connected to the conduct underlying the Wisconsin sentences, the Wisconsin Supreme Court has ruled.

Nov. 23, 2021

Restitution for Reasonable Repair Cost Not Limited to Actual Value of Property

Wisconsin law does not restrict a circuit court’s award of restitution for reasonable repair cost to the value of the property.

Nov. 19, 2021

Search of Bloody Garage Met Emergency Aid Exception, Court of Appeals Holds

The Fourth Amendment did not bar the admission of evidence discovered by a police officer who saw a dead body inside a garage after the garage owner called 911 to report a possible homicide.

Nov. 10, 2021

The Supreme Court Rules and Ethics for Agents of Change

What ethical limitations apply to a lawyer advocating systemic reforms? Chuck Stertz discusses the intersection of two aspects of the Supreme Court Rules of professional conduct: that they encourage attorneys’ active participation in efforts to improve the law and legal profession, while also requiring attorneys to zealously advocate for their clients and maintain client confidentiality.

Nov. 09, 2021

Time in Jail After Probation Revocation Counts as Credit Against Sentence

A man who spent three years in jail awaiting trial and sentencing on armed robbery charges after his probation was revoked is entitled to 1,258 days’ credit against the armed robbery sentences, the Wisconsin Court of Appeals District III has ruled.

Nov. 04, 2021

Trial Court Erred by Failing to Consider Gravity of Defendant’s Underlying Offense

A trial judge committed legal error when she sentenced a man to a five-year prison term for attempted robbery with threat of force without considering the gravity of the offense.

Nov. 02, 2021

Second-Degree Reckless Homicide Conviction Bars Insurance Claim for Accidental Death

A man’s conviction on a charge of second-degree reckless homicide means that his homeowner’s insurance policy did not cover the death of his victim, the Wisconsin Court of Appeals District III has ruled.

Nov. 01, 2021

Legal Innovation in 2021: Meet this Year's Award Winners

Meet these risk takers who are advancing the legal profession and serving the public with perseverance, creative thinking, and big ideas in a year of unusual events. This year we honor Lifetime Innovator Keith Findley and other lawyers whose innovations focus on criminal law, health equity, and a legal app.

Oct. 25, 2021

Convicted Defendant Can Sue Defense Counsel for Legal Malpractice

A man convicted on four felonies, two dismissed post-conviction on claims of ineffective assistance of counsel, can now pursue legal malpractice claims against his former defense lawyer for negligence as to two of the charges.

Oct. 21, 2021

Human Trafficking in Wisconsin: Lifelines for Survivors

Among the hard hit during the COVID-19 pandemic have been victims and survivors of sex trafficking and the agencies and individuals who aid them. Individuals from law enforcement agencies, courts, and social service agencies answer questions about their experiences during the ongoing pandemic. Details vary but some shared themes emerge.

Oct. 15, 2021

New Recidivism Study Contains Surprises

A recent Bureau of Justice Statistics study says that most former prisoners are reconvicted of a new offense or are returned to prison within 10 years of their release. Michael O’Hear outlines the study’s results, which also say that, for those who avoid rearrest in the first three years, recidivism rates drop sharply over time.

Oct. 15, 2021

State Cannot Use Defendant’s Statement to Rehabilitate Witness

The impeachment exception to the hearsay rule does not allow the state to use a defendant’s voluntary statement, obtained in violation of Miranda v. Arizona, during its case-in-chief, under a recent state supreme court decision.

Oct. 14, 2021

Court of Appeals: Odor, Officer's Training, Prior Convictions Enough to Extend Traffic Stop

The Court of Appeals District IV has reversed a circuit court ruling that a police officer illegally extended a traffic stop to administer field sobriety tests because he didn’t observe the driver driving, behaving or talking suspiciously.

Sep. 22, 2021

Kenosha Expungement Clinic Offers Hope to 56 Clients

Fifty-six people sought help from volunteer Wisconsin attorneys at the State Bar of Wisconsin’s recent expungement clinic in Kenosha. Here’s why this help is important.

Sep. 16, 2021

Wisconsin Supreme Court, a New Jensen Decision, and the Confrontation Clause

A woman predicted that her husband might try to kill her. Then, she died by poisoning. The husband was charged with the killing. Could the wife’s accusation “from beyond the grave” be used against him at trial? Michael O’Hear discusses the case that required the Wisconsin Supreme Court to make sense of a messy line of U.S. Supreme Court decisions on the Confrontation Clause.

Sep. 01, 2021

2020-21 Supreme Court Term: Historic Level of 4-3 Decisions

Challenges to the executive branch's authority to act during COVID-19 continued this term, and other high-profile cases were election-related. This article includes insights from a civil litigator and former public defender, with holdings and votes on every case.

Sep. 01, 2021

Get Paid Faster: Efficient Billing Strategies for SPD-appointed Cases

For lawyers who take on public defender cases, getting paid in a timely fashion is important. Christopher Shattuck offers tips on ensuring your invoice isn’t rejected due to common errors – so you can get paid more quickly.

Aug. 27, 2021

Transcript Errata in the Time of COVID-19

While an errata sheet can be used to correct transcription errors, an errata sheet is not a panacea for a poorly given deposition. Erik Monson discusses case law and challenges surrounding use of errata sheets in making substantive changes to a depositiontranscript.

Aug. 19, 2021

Wisconsin’s Children Need You: The Juvenile Rural Access to Training and Expertise Program

To combat a shortage in certified private practice attorneys available to help Wisconsin’s youth, the State Public Defender Office (SPD) is offering training in juvenile justice practice. Diane Rondini discusses the SPD’s new project, Juvenile Rural Access to Training and Expertise (J-RATE).

Aug. 17, 2021

Evolving Challenges in the Appointment of Counsel in Criminal Court

The State Public Defenders Office’s (SPD) goal to ensure that all clients are provided zealous and effective representation, regardless of the clients’ means, is a challenging one, especially in light of recent developments, like COVID-19. Katie York discusses the need for more attorneys willing to take SPD cases and ways that the SPD is using to close the gap.

Aug. 04, 2021

Search and Seizure: Fourth Amendment at the Wisconsin Supreme Court

The state supreme court issued three 4-3 decisions in Fourth Amendment cases, providing insights on how the new court will approach these issues moving forward.

Jul. 19, 2021

A Pandemic Positive: Changes in Courtroom Practice Increases Access

Although the nature of legal practice during the pandemic proved to be challenging for all, Timothy Verhoff reflects on some systemic changes implemented that could have a positive, lasting impact.

Jul. 16, 2021

Knives Out: Regulating Blades in Wisconsin

Wisconsin's regulation of knives has changed in recent years, especially regarding concealed carry, persons with prior felony convictions, and possessing knives in government buildings like courthouses.

Jul. 16, 2021

As I See It: Examining the Supreme Court’s Broad Original Jurisdiction

The Wisconsin Supreme Court's original jurisdiction is broad, allowing it to hear matters without them going through lower courts first. Skylar Reese Croy argues this benefits state residents.

Jul. 07, 2021

OWI Law: New Decision in the Implied Consent, Unconscious Driver Saga

Wisconsin Supreme Court says state's implied consent law is unconstitutional, cannot be used on its own as a basis to draw blood from suspected drunk drivers who become incapacitated.

Jun. 30, 2021

State Supreme Court Upholds Statements made in Post-Polygraph Interview

The Wisconsin Supreme Court has unanimously ruled that statements made during a post-polygraph interview with a suspect were admissible as evidence, concluding the defendant voluntarily made the statements without police coercion.

Jun. 16, 2021

Jarrett Adams at AMC: Wrongfully Convicted as a Black Teenager, Now a Lawyer

At age 17, Jarett Adams – now a lawyer – was wrongfully convicted of a crime. He recently told his story at the State Bar of Wisconsin's Annual Meeting & Conference.

Jun. 04, 2021

As I See It: From the Lens of a Federal Defender: Navigating the Murky Intersection of State and Federal Law

Anderson Gansner says lawyers who practice primarily in Wisconsin state courts can learn from their counterparts with federal-court practices, and vice versa.

Jun. 03, 2021

A More Child-centric Decision: Start in Juvenile Court

The decision to put a child in adult criminal court should require a deliberate decision on the part of the judge, writes Alaina Fahley, who discusses the current reverse waiver proceeding to return youth to the juvenile justice system.

May 24, 2021

State Senate Approves Bi-Partisan Police Reform Bills

Two packages of bills on law enforcement reform were introduced in the legislature this session. The State Bar is supporting several of these bills, some of which were recently approved by the Senate Committee on Judiciary and Public Safety.

May 19, 2021

Court Watch: High-Profile U.S. Supreme Court Decisions Expected in June

From religious freedom and freedom of speech to the Fourth Amendment and eminent domain, the U.S. Supreme Court is expected to release all decisions by next month.

May 14, 2021

As I See It: Pretrial Services: A Way to Reduce Jail Populations

Pretrial programming reduces reliance on cash bail to ensure conditions of release. The author discusses results from pilot projects in Wisconsin that demonstrate the benefits to communities statewide.

May 14, 2021

Final Thought: Finding Hope in Collective Action

Alex Lodge finds hope and inspiration in the collective work and responsibility we all witnessed in the wake of George Floyd's murder.

May 12, 2021

Supreme Court Upholds Conviction for Going Armed While Intoxicated

The Wisconsin Supreme Court recently upheld a conviction for operating or going armed with a firearm while intoxicated despite the defendant’s argument that the statute was unconstitutionally applied to him.

Apr. 26, 2021

Countering the Child Welfare to Juvenile Delinquency to Adult Prison Pipeline

Abigail Hean discusses the “child welfare to juvenile justice to adult prison pipeline” – the failure of these systems to adequately address the needs of the youth they serve, ultimately causing more harm than good.

Apr. 16, 2021

State Bar Presidents Testify in Support of AB 69 to Expand and Reform Expungement

On April 7, State Bar President Kathy Brost and President-elect Cheryl Daniels testified in support of a bill to reform Wisconsin's restrictive expungement laws with changes that would expand eligibility for one-time, non-violent offenders.

Apr. 13, 2021

'Raise the Age' in Wisconsin: Brown County Initiates Young Adult Specialty Court

Elisabeth Stockbridge discusses efforts to address racial disparities and incarceration among emerging adults in Wisconsin.

Apr. 07, 2021

Jarrett Adams Among Featured Speakers at 2021 Annual Meeting & Conference in June

The State Bar of Wisconsin Annual Meeting & Conference (AMC), June 10-11. Reserve your spot today for this virtual event – and register by April 28 to get the best rate.

Apr. 07, 2021

Police-Worn Body Cameras with U.W. Law Professor Keith Findley

Keith Findley is a law professor at U.W. Law School and senior advisor to the Wisconsin Innocence Project. He was also co-chair of the Madison Police Body-Worn Camera Feasibility Review Committee, which recently released a final report with recommendations for the City of Madison.

Mar. 30, 2021

Police Get Immunity for 'Good Times Turned Bad' After Badger Football Game

The U.S. Court of Appeals for the Seventh Circuit has ruled that city of Madison and U.W. police officers are entitled to qualified immunity for excessive force claims brought by a man arrested after a U.W.-Madison Badger Football game.

Mar. 24, 2021

Murder Retrial of Husband Won’t Include Statements from Wife Before She Died

The Wisconsin Supreme Court ruled that a previous decision established the “law of the case” and the wife's pre-death statements were inadmissible under the Sixth Amendment’s Confrontation Clause.

Mar. 17, 2021

The Future of Zoom Hearings: Petition Addresses Videoconferencing in Courts

The pandemic forced the court system to quickly adapt to videoconferencing technology to keep the system running. Now, the Wisconsin Supreme Court is considering a petition to clarify the continued use of videoconferencing, even after COVID-19.

Mar. 16, 2021

Wisconsin Supreme Court Allows Defendant to Access Corrections Data

The Wisconsin Supreme Court has ruled (4-3) that a defendant may seek discovery of Wisconsin-specific data in a Wisconsin Department of Corrections (DOC) database to challenge his status as a sexually violent person.

Mar. 12, 2021

New Form Reduces Burdens on Indigent Persons to Obtain Fee Waivers

A new form available through the Wisconsin Court System website makes it less burdensome for indigent individuals to obtain a waiver of court fees and costs by allowing their pro bono, legal aid, or public defender attorneys to submit a petition requestinng the fee waiver.

Mar. 10, 2021

A Primer: Crowdfunding for Legal Fees

This article addresses donation-based crowdfunding campaigns, which may provide financial resources for individuals who might otherwise be unable to afford legal services. The ethics rules do not disallow lawyers to crowdfund, but lawyers must proceed cautiously.

Mar. 10, 2021

Ethics Opinion: EF-21-01: Threatening Criminal Prosecution or Professional Discipline

The Professional Ethics Committee discusses a lawyer's responsibilities if considering threatening criminal prosecution or professional discipline.

Feb. 19, 2021

Appeals Court Clarifies Limits on Using Bail Money to Pay Restitution

A state appeals court has clarified a circuit court’s authority to order the use of bail money to pay restitution if the bail-related charges are later dismissed but a defendant enters a global plea deal to resolve other outstanding criminal charges.

Feb. 15, 2021

In Police Shooting Case, Federal Appeals Court Says Jury Must Decide

The U.S. Court of Appeals for the Seventh Circuit has ruled that a jury must decide whether a Wisconsin police officer’s actions were objectively reasonable when he fired four shots into a vehicle, killing one of the vehicle’s occupants.

Feb. 11, 2021

Supreme Court Says State Proved Prior OWI, Upholds Eighth OWI Conviction

The Wisconsin Supreme Court has unanimously upheld an operating while intoxicated (OWI) conviction, eighth offense, despite the defendant’s argument that the state did not meet its burden to prove a prior OWI conviction from 30 years ago.

Feb. 04, 2021

WI Supreme Court: Jail Inmate was Not ‘In Custody’ for Miranda Purposes

The Wisconsin Supreme Court has ruled that a jail inmate who admitted stealing another inmate’s property in a telephone call with police was not “in custody,” which would have required the officer to give a Miranda warning before questioning him.

Feb. 03, 2021

Wisconsin Jury Instructions Now Available Free Online through State Law Library

Wisconsin Jury Instructions, previously available for purchase, are now available free online through the Wisconsin State Law Library. Lawyers and the public now have open access to the criminal, civil, and children's jury instructions.

Jan. 22, 2021

Appeals Court Orders Dismissal after Indigent Defendant Jailed 3+ Months Without Counsel

A state appeals court concluded the circuit court lost personal jurisdiction but rejected the argument that circuit courts must appoint a lawyer, at county expense, if an SPD appointment is delayed.

Jan. 20, 2021

Dilemma: Can You Threaten Criminal Prosecution for Advantage in a Civil Case?

Can you threaten criminal prosecution to gain an advantage in a civil matter? The newly released Wisconsin Formal Ethics Opinion EF-21-01 provides insights into this ethical dilemma.

Jan. 11, 2021

As I See It: Judges & Excessive Force: Holding Law Enforcement Personnel Accountable

John Kucinski asks, "Where does responsibility to address the problem of excessive use of force by law enforcement lie?"

Dec. 01, 2020

Wisconsin Supreme Court Clarifies Alford Plea Requirements

An Alford plea allows defendants to maintain their innocence but accept a conviction, so long as a sufficient factual basis exists for each element of the crime. Recently, the Wisconsin Supreme Court clarified the Alford plea requirements.

Nov. 18, 2020

Compassionate Release & COVID-19: Federal Law Creates Avenue for Relief

Elderly and sick federal inmates, with the help of pro bono lawyers, are directly petitioning federal district courts for a compassionate release based on a vulnerability to COVID-19. But state prisoners, subject to Wisconsin law, have a steeper hill to climb.

Nov. 17, 2020

Appeals Court: Early Release Not an Option for OWI Defendant, 7th Offense

A state appeals court has ruled that a man convicted for a seventh offense operating while intoxicated (OWI) charge is not entitled to early release from prison even though he successfully completed a substance abuse program.

Oct. 30, 2020

Working with Domestic Abuse Survivors: What Advocates Want You to Know

Domestic abuse is a serious societal problem, the ramifications of which are felt in every community. Megan Sprecher and Araceli Wence provide tips for working with survivors of domestic abuse.

Oct. 21, 2020

Circuit Court Operations and COVID-19: Where are We Now?

Court system and community collaboration keep courthouses running safely in Wisconsin, and innovation shines amid COVID-19.

Oct. 15, 2020

The National Juvenile Defender Center: A Resource for Attorneys Advocating for Youth

The National Juvenile Defender Center provides national leadership on juvenile defense issues, and is a valuable resource for those serving our youth, says Diane Rondini, who introduces the center’s initiatives for youth involved in the justice system.

Oct. 07, 2020

Electronically Stored Information: Balancing Proportionality & Preservation

The preservation of electronically stored information can be expensive, time-consuming, and amenable to spoliation claims and accusations of unethical conduct. Here is a refresher of lawyer's obligations under Wisconsin's proportionality standard, and tips for efficient preservation practices that are proportional to the needs of a given case.

Oct. 07, 2020

101: Remote Hearings: How to Prepare Survivors of Violence

Remote hearings offer survivors of violence a new tool for accessing the justice system. The authors provide tips to help clients prepare for their hearings.

Sep. 08, 2020

Marsy's Law: Changes for Crime Victims?

Ratification of the Marsy's Law amendment of the Wisconsin Constitution might have made fewer changes to increase crime victims' rights and left more unresolved issues than the amendment's proponents promised and its opponents feared. This article discusses what Marsy's Law means for crime victims in Wisconsin.

Aug. 31, 2020

Appeals Court Reverses Expungement Order, Convictions Remain on Record

A state appeals court has reversed a circuit court order expunging a defendant’s convictions, concluding he did not satisfy all conditions of his probation.

Aug. 27, 2020

When Health Care Workers Are Arrested: Health, Criminal, and Employment Law Issues

When a licensed health care professional is arrested, what should happen next? Kristen Nelson offers guidance and considerations for attorneys when their client is a licensed health care professional who is arrested or convicted.

Aug. 19, 2020

Annual Review: Wisconsin Supreme Court 2019-20 Term

Several high-profile cases involved clashes between the executive and legislative branches during the Wisconsin Supreme Court's 2019-20 term.

Aug. 18, 2020

Appeals Court Denies Jurisdiction Argument in Slenderman Case

A state appeals court has rejected a claim that adult court jurisdiction was improper in the case against Morgan Geyser, who participated in the attempted murder of a 12-year-old classmate in 2014 when Geyser was also 12 years old.

Aug. 05, 2020

Vicarious Trauma in Jurors: Our Civic Duty's Emotional Impact

Juror trauma is real. But court systems don't typically provide post-trial mental health services for jurors. Should court systems do more to help jurors after tough cases?

Aug. 05, 2020

Bench Trial by Zoom: Tips to Prove or Defend Your Case by Video

Knowing the pitfalls and opportunities in advance can help you and your client have a less stressful experience, and enable the court to function efficiently under these new circumstances.

Jul. 27, 2020

A Jurist's Language of Interpretation

Advocates familiar with different interpretation approaches – and which jurists favor them – can gain a distinct advantage when crafting their positions.

Jul. 15, 2020

Wrongfully Convicted Lawyer Discusses Criminal Justice

"I had the unrealistic, naive expectation that the criminal justice system would give me the same presumption of innocence," said Jarrett Adams, who was 17 when he was wrongfully convicted of a crime in Wisconsin and spent 10 years in prison.

Jul. 06, 2020

WI Supreme Court: Police Traffic Stop Did Not Violate the Fourth Amendment

The Wisconsin Supreme Court has ruled (4-1) that a police officer did not violate a driver’s constitutional rights by asking him to exit the vehicle and searching him before issuing him a traffic citation for failure to wear a seatbelt.

Jun. 30, 2020

Supreme Court: Police Impound, Search of Vehicle was Unconstitutional

A unanimous Wisconsin Supreme Court has ruled that Milwaukee sheriff’s deputies violated a driver’s Fourth Amendment rights when they seized his vehicle and conducted an inventory search before transferring it to an impound lot.

Jun. 18, 2020

Supreme Court: No Exception to Actual Innocence Rule in Legal Malpractice Case

A criminal defendant sued his criminal defense lawyer for legal malpractice, claiming the lawyer failed to raise an affirmative defense. Recently, the Wisconsin Supreme Court rejected his claim because he could not prove his innocence.

Jun. 03, 2020

Reopening the Courts: COVID-19 Task Force Report Provides Local Guidance

Remote hearings will continue and jury trials are still suspended, but counties now have guidance and discretion to reopen their courts from the Wisconsin Courts COVID-19 Task Force and recent Wisconsin Supreme Court orders.

Jun. 03, 2020

Sex Trafficking: How Courts Can Combat the Problem

Wisconsin has a reputation for being in the top five states for human sex trafficking. The court system, with its presence in every Wisconsin county, is well placed to become more involved in combatting this problem.

Apr. 21, 2020

To Be or Not to Be … In Person for Video Court

In this COVID-19, social-distancing world, judges are more than ever before holding criminal court via video. Michael Yang discusses what to consider when your client is scheduled for a video hearing.

Mar. 26, 2020

Video and Telephone Hearings during the Health Crisis

The present circumstances with coronavirus has temporarily put defense attorneys and clients in an unprecedented situation of needing to conduct all hearings via telephone or video. Check out this discussion of the issues surrounding video court from MikeTobin, retired deputy state public defender.

Mar. 24, 2020

Resources for Defenders During the Pandemic

The blog for Wisconsin State Public Defenders, On Point, is hosting a growing list of resources to assist Wisconsin’s defense lawyers during the coronavirus pandemic.

Mar. 11, 2020

State Bar Adopts Policy Position Against Indiscriminate Shackling of Children

The State Bar of Wisconsin Board of Governors recently adopted a policy, recommended by the Children and the Law Section, against the indiscriminate shackling of children in court. Eileen Fredericks outlines the need for the policy, and discusses where in Wisconsin this policy is now in action.

Mar. 03, 2020

Appeals Court: Arrest Records Must Be Expunged from State Crime Database

Felony arrest records must be expunged from the state’s crime database because the subject was never charged and the arrests were improperly appended to unrelated ordinance violations, an appeals court has ruled.

Feb. 14, 2020

Legislature Sprints Toward Finish of 2019-20 Session

The 2019-2020 Legislative session is rapidly drawing to a close. Learn more about where priority bills for the State Bar and its Sections are at in the last days of the process.

Feb. 12, 2020

State Supreme Court Rejects Jurisdictional Challenge in OWI Case

The Wisconsin Supreme Court has ruled (4-3) that a municipal court had jurisdiction over a drunk driving case charged as an ordinance violation even though the case should have been charged as drunk driving, second offense.

Feb. 05, 2020

Teen Courts: Keeping Teens Out of the Juvenile Justice System

Three teen court programs, supported by the Wisconsin Law Foundation, make a significant impact in their local communities and the teenagers and families who live there by keeping teens out of the juvenile justice system.

Jan. 24, 2020

Sentencing Court Relied on Inaccurate Information but Error was Harmless

A circuit court relied on inaccurate information when sentencing a criminal defendant to a 13-year prison term for armed robbery and reckless endangerment, but the error was harmless, the Wisconsin Supreme Court has ruled.

Dec. 04, 2019

Confidentiality Program Helps Survivors of Domestic Abuse Stay Safe at Home

A relatively new program allows survivors of domestic abuse, including children, to keep their residence addresses confidential through a substitute legal address.

Dec. 02, 2019

Supreme Court: Multiple Minor Retail Thefts Can Be Aggregated into Felony

Retail theft under $500 is a misdemeanor. Recently, the state supreme court ruled that a statute allowing multiple “thefts” to be aggregated applies to “retail theft” such that multiple misdemeanor retail thefts can be aggregated into a felony.

Nov. 22, 2019

Appeals Court: Jail Inmate was Not “In Custody” for Miranda Purposes

Brian Halverson was in jail when he admitted to a police officer, over the phone, that he stole and destroyed another inmate’s valuable documents. But the officer did not provide Miranda warnings before Halverson admitted the crime.

Nov. 13, 2019

Tried as Adults: Supreme Court Clarifies ‘Once Waived, Always Waived’ Rule

The Wisconsin Supreme Court has ruled that all circuit courts have original adult-court jurisdiction, regardless of county, once a juvenile is waived into adult court, a clarification of the so-called “once waived, always waived rule.”

Nov. 08, 2019

The Quest for a Warrantless OWI Blood Draw

Wisconsin's law enforcement and justice systems have struggled to establish parameters for warrantless blood draws that promote effectiveness, consider limited resources, and protect individuals' constitutional rights. Read the status of warrantless blood draws after recent supreme court opinions.

Oct. 17, 2019

Prisoner Litigation and the Exhaustion of Remedies Requirement

Whether you are assisting or defending against an inmate’s civil rights claims against corrections staff, know that the case may sink if the inmate has not exhausted administrative remedies. Nelson Phillips discusses the issue and relevant case law.

Oct. 06, 2019

Justice Support Initiative Addresses Basic Legal Needs

Rep. Ron Tusler (R-Harrison) and Rep. Tip McGuire (D-Kenosha), both members of the State Bar of Wisconsin, support a bipartisan package of pending bills to improve the core functions of the justice system.

Oct. 04, 2019

Former Gang Leader was Wrongly Designated Career Offender, but Error Harmless

A panel for the U.S. Court of Appeals for the Seventh Circuit has ruled that a former Milwaukee street gang leader was wrongly designated a “career offender” which impacted his 35-year prison sentence, but the error was harmless.

Oct. 02, 2019

Employment Law: Using CCAP to Search Arrest and Conviction Records

Background checks are tricky when dealing with prospective and current employees. Employment lawyers should be prepared to advise employers about arrest and conviction record discrimination.

Oct. 02, 2019

Appeals Court: Riding Lawn Mower is a 'Motor Vehicle' for OWI Purposes

An Oneida County man was convicted of operating while intoxicated (OWI), fourth offense, after police stopped him for riding a lawn mower on a public roadway from a tavern. Recently, a state appeals court upheld the OWI conviction.

Sep. 24, 2019

Children With Life Sentences: Juvenile Incarceration in Wisconsin

Children are different from adults, and should be treated differently within the justice system, says law student Nicole Beitzinger, who explores considerations and recent case law on teens sentenced to life without parole.

Sep. 09, 2019

What Is Wisconsin's Pleading Standard?

For many years, Wisconsin's pleading standard for litigation appeared to differ from the federal-court standard, but in 2019 the Wisconsin Supreme Court announced the standards are essentially the same. In Cattau, the court clarified this decades-long misunderstanding.

Aug. 07, 2019

Wisconsin Supreme Court: 2018-19 Stats and Summaries

The Wisconsin Supreme Court issued 54 authored decisions in the 2018-19 term. This article provides statistics and analysis, as well as insights from civil and criminal lawyers, with the holdings and votes in all 54 decisions.

Jul. 26, 2019

Virtual DNA: Whole Device Authentication

In the 21st century, figuring out "who done it" often necessitates determining the identity of the person who most often used a particular electronic device. Learn the basics here.

Jun. 27, 2019

U.S. Supreme Decides Wisconsin Unconscious Driver, OWI Blood Draw Case

The U.S. Supreme Court today vacated (5-4) a Wisconsin Supreme Court decision that upheld the drunk driving conviction, seventh offense, of a Wisconsin man who was unconscious when police directed his blood drawn without a warrant.

Jun. 27, 2019

2019-2020 Budget Recap

What made it, and what didn't, in the final budget headed for Governor Evers' desk.

Jun. 19, 2019

Wisconsin and U.S. Supreme Courts Clarify Burglary Provisions

Recent decisions by the Wisconsin and the U.S. supreme courts provide additional layers to state and federal law on burglary and the impact of prior convictions.

Jun. 12, 2019

Solutions
Court Reporter Shortage: Wisconsin Adopts "Blended System"

Katherine Carpenter says Wisconsin now has a "blended system" that uses monitored digital audio reporting to produce the verbatim records of court proceedings.

Jun. 05, 2019

State Budget Proposal Moving with Private Bar, ADA, and SPD Pay Increases

The Wisconsin Legislature's Joint Finance Committee recently approved an increase in the hourly rate paid to private bar attorneys who take appointments from the state public defender's office.

May 21, 2019

Inquiries on Concealed Carry Permit Did Not Unlawfully Extend Traffic Stop

The Wisconsin Supreme Court has unanimously ruled that police did not violate a driver’s Fourth Amendment rights by asking whether the driver had a concealed firearm in the vehicle and whether he had a permit to carry it.

May 16, 2019

The Art of Voir Dire: Getting the Best Jury for Your Client’s Case

Your task as litigator is to get the best possible jury to hear your client’s case. But how do you do that? Jacqueline Chada Nuckels discusses how to get the most out of voir dire.

May 16, 2019

Decision: Courts Don’t Have Inherent Authority to Terminate Probation Early

The Wisconsin Supreme Court has rejected a probationer’s argument that circuit courts have inherent authority to reduce the length of a probation term despite a statute that allows modification only under certain circumstances.

May 09, 2019

Forest Park Medical Center and the Travel Act: Different Road, Same Destination

The recent conviction of the physicians, investors, and staff of a Dallas hospital on fraud and other charges is an opportunity for lawyers to review their clients’ contractual relationships and internal compliance programs. David Edquist, Stacy Gerber Ward, and Daniel Balk III discuss the case and the state and federal statutes that prosecutors used to obtain convictions.

May 01, 2019

James Forman Jr.: "This is the Civil Rights Issue of My Generation"

Yale Law Professor James Forman Jr., a featured speaker at the State Bar of Wisconsin's 2019 Annual Meeting and Conference in June, talks about mass and disparate incarceration, the subject of his 2018 Pulitzer Prize-winning book.

Apr. 03, 2019

A Barrier Removed: New Federal Legislation Addresses Pets of Abuse Victims

A new federal law expands protections for domestic abuse victims with provisions that apply to the victim's household pets, emotional support and service animals.

Apr. 03, 2019

Proposed Bill Expands Expungement Law, Clinic Helping People Now

Volunteer lawyers are helping citizens remove inaccurate information from criminal background reports, removing one barrier to employment. A pending bill would expand opportunities to request expungement of certain criminal convictions on court records.

Apr. 03, 2019

Navigate Your Next Juvenile Court Case with Newly Updated State Bar Resources

The trifecta that will help you find the answers to your juvenile law questions is now newly updated: the Wisconsin Juvenile Law Handbook; the Wisconsin Judicial Benchbook, Vol. IV: Juvenile; and the Wisconsin Children’s Code and Juvenile Justice Code.

Apr. 02, 2019

Spring Update: Status of Important Legislation

A rundown on the status of legislation important to the State Bar of Wisconsin.

Mar. 12, 2019

Solutions
Treatment Courts and the Criminal Justice Tool Box

We all know someone who is affected by the opioid crisis. Judge Ellen Brostrom discusses how treatment courts help some offenders kick their substance abuse and return as productive members of society.

Feb. 18, 2019

State Bar Response to Criminal Justice Budget Initiative

Feb. 13, 2019

Crime Victim Rights: Marsy's Law Comes to Wisconsin

Advocates for Marsy’s Law – equal rights for crime victims as defendants – have introduced resolutions recently in the Wisconsin Legislature. Donna Ginzl talks about Marsy’s Law For All and what’s happening in Wisconsin.

Feb. 12, 2019

As I See It
Due Process and the Involuntary Intoxication Defense

The Wisconsin Legislature repealed the voluntary intoxication defense in 2014. This author believes it should be restored, given that the defense struck a workable balance between criminal due process rights and the public's interest in holding defendants responsible for their actions.

Feb. 06, 2019

Empirics in Law: A Scientific Approach to Improving Access to Justice

The medical profession uses empirical data, often from randomized control trials, to make better decisions about health care. Can the legal profession do the same?

Feb. 06, 2019

Registration is open for the 2019 Wisconsin Equal Justice Conference, March 1 in Milwaukee. Don't miss this opportunity to join in the discussion on concerns affecting access to justice.

Feb. 06, 2019

The Practical Guide for Defense: Wisconsin Criminal Defense Manual

Spend more time with your clients and less on practice management; use the ready-made aids with the recently supplemented Wisconsin Criminal Defense Manual, from State Bar of Wisconsin PINNACLE®.

Jan. 18, 2019

Federal Lawsuit: “Indigent Defense in Wisconsin Has Reached a State of Crisis”

A federal lawsuit filed by individuals in Ashland and Bayfield counties raises constitutional claims against Wisconsin’s criminal justice system, based on delays in providing legal representation while they languished in county jails.

Jan. 09, 2019

Juvenile Lifers: Reforming Extreme Sentences

Wisconsin could lessen the disparate impact and high costs of its incarceration laws by addressing prison sentences for inmates who committed crimes when they were under age 18. Here is data about individuals serving life-without-parole sentences for homicides committed when they were under age 18, and thoughts for reform.

Jan. 08, 2019

Supreme Court Upholds Restitution Amount in Burglary Case

The Wisconsin Supreme Court has upheld a restitution order of about $8,500 payable to a burglary victim, rejecting the defendant’s argument that the circuit court improperly considered prior, unproven burglaries in determining that amount.

Jan. 03, 2019

Supreme Court: Expunged OWI Counts as a Prior OWI Conviction

The Wisconsin Supreme Court has upheld a conviction for operating while intoxicated (OWI), second offense, even though a circuit court ordered expunction of the defendant’s first OWI conviction, five years earlier, from his court record.

Dec. 18, 2018

Supreme Court Adds Four Cases to the Docket, All Criminal Cases

The Wisconsin Supreme Court added four new cases to its docket, all criminal-related cases. One involves jury instructions, another concerns involuntary medication. The two others relate to plea withdrawals and the right to counsel.

Dec. 18, 2018

Ask Governor-elect Evers for a Gift of Justice

Wisconsin can't wait another year to fund criminal justice. Ask incoming Gov. Evers to make it a budget priority today.

Dec. 13, 2018

Top 10 Recent Wisconsin Supreme Court Decisions

This article highlights 10 significant Wisconsin Supreme Court decisions from the 2017-2018 term, during which the court issued 59 substantive decisions covering a wide range of subjects.

Dec. 13, 2018

Final Thought
Naked and Unafraid

Odalo Ohiku confesses his glaring daily struggle. On one hand, fighting blood, sweat, and tears for strangers. On the other, living with his one and only older brother locked in prison.

Dec. 10, 2018

Apartment Search Violated Fourth Amendment, Supreme Court Says

The Wisconsin Supreme Court has ruled (6-1) that police violated a defendant’s constitutional rights by entering her apartment without valid consent and without any other justified reason to enter without securing a warrant first.

Dec. 05, 2018

OWI Law: Implied Consent Back on State Supreme Court's Radar, Again

For the third term in a row, the Wisconsin Supreme Court could hear a case to determine whether Wisconsin's implied consent law allows police to direct blood draws on unconscious drivers suspected of impaired driving.

Nov. 27, 2018

Unlawful Extension of Traffic Stop? Appeals Court Asks Supreme Court to Decide

The Wisconsin Supreme Court may decide whether a police officer unlawfully extended a legal traffic stop for moving and seatbelt violations when he ordered the driver to exit the vehicle to conduct a search, which uncovered drugs.

Nov. 21, 2018

Legalization of Marijuana: Wisconsin in the Minority

Wisconsin is among a minority of states with almost no tolerance for marijuana-based products of any kind, whether for medical purposes or for recreational uses, says Nick Fairweather of Hawks Quindel S.C., Madison.

Nov. 21, 2018

In Plain Language for Spanish Speakers: Critical Terms in Criminal Proceedings in English and in Spanish

Now in its third edition and perfect for attorneys, paralegals, and interpreters who work with Spanish-speaking clients, Critical Terms in Criminal Proceedings in English and in Spanish is a highly portable, valuable, and essential resource that provides clear, accurate, and largely dialect-neutral term explanations.

Nov. 20, 2018

Supreme Court Upholds Warrant for GPS Tracking of Suspect’s Vehicle

The Wisconsin Supreme Court has unanimously upheld a search warrant for the placement of a global positioning system (GPS) tracking device on a car, even though the warrant was not executed within five days under a state statute.

Aug. 30, 2018

Revenge Porn Statute Intact After Defendant’s Constitutional Challenge

Norris Culver admitted he was angry when he posted nude photos of his ex-girlfriend online without her consent, a violation of the state’s revenge porn statute. Recently, a state appeals court rejected his argument that the statute is unconstitutional.

Aug. 27, 2018

Prisoner Gets Second Chance to Prove Innocence After Witness Recants

Richard Arnold’s son accused Arnold of sexually assaulting him as a teenager and, in 2008, Arnold was sentenced to life in Wisconsin prison. Now that his son has recanted his testimony, Arnold will get a second chance to prove his innocence.

Aug. 24, 2018

Can an Expunged OWI Conviction Be Used to Convict for a Second Offense?

The Wisconsin Supreme Court recently accepted review of six criminal cases, including one to determine whether an expunged operating while intoxicated (OWI) conviction can be used to support a conviction for a second offense.

Jul. 30, 2018

State Supreme Court Could Hear Murder Forfeiture by Wrongdoing Case

The state appeals court has asked the Wisconsin Supreme Court to review a case involving the “forfeiture by wrongdoing” doctrine and whether out-of-court statements by a homicide victim can be used against the accused killer.

Jul. 19, 2018

Exclusionary Rule Applies to Police Misconduct Only, Not Judicial Integrity

Police found drugs while arresting a man on a bench warrant for an unpaid $298 municipal fine. Recently, the Wisconsin Supreme Court rejected the man’s argument that the warrant was invalid, requiring suppression of the drug evidence.

Jul. 17, 2018

Right to Self-Representation Not Clearly Invoked, Appeals Court Says

Terrance Egerson, accused of violating domestic abuse injunctions and stalking, stated that he wanted to represent himself after his lawyer withdrew. Recently, a state appeals court ruled that he did not clearly invoke a right of self-representation.

Jul. 10, 2018

Supreme Court: Judge Improperly Increased Sentence for Refusing Blood Draw

A drunk driver will be resentenced now that the Wisconsin Supreme Court has ruled (4-3) that a judge improperly increased his sentence for refusing a warrantless blood draw. Three dissenters called on the U.S. Supreme Court for review.

Jul. 03, 2018

Supreme Court Upholds Warrantless Blood Draw of Unconscious Driver

The state Supreme Court has upheld the warrantless blood draw of a suspected drunk driver who was unconscious when the blood draw was performed.

Jun. 29, 2018

Supreme Court Urges Legislature to Act on SPD Rate, Raises Pay for Court-Appointments

The Wisconsin Supreme Court has issued a final order regarding a petition to raise the hourly rate that lawyers are paid to take court-appointed cases, and the rate that private bar attorneys are paid to take State Public Defender appointments.

Jun. 27, 2018

What Is Different About Juvenile Competency?

Juveniles have a fundamental right to be tried only if competent. What happens when juveniles don’t become competent until they become an adult? Devon Lee discusses issues involved in a case taken up by the Wisconsin Supreme Court.

Jun. 15, 2018

Wisconsin Supreme Court Upholds Police Entry into Suspect’s Home Under Payton

Steven Delap twice eluded police on foot, but two officers finally chased him down and pushed open his residence door to arrest him. Recently, a unanimous Wisconsin Supreme Court found no constitutional violations.

Jun. 04, 2018

Court Clarifies Law on Ineffective Assistance of Counsel for Multiple-Count Trials

Deficiency for one is not deficiency for all, the Wisconsin Supreme Court has ruled. That is, circuit courts may conclude that a lawyer’s deficient performance prejudiced only one of multiple convictions in a multiple-count trial, not all of them.

Jun. 01, 2018

Mass Incarceration: The Fiscal & Social Costs

In Part 2 of the "Owning the Problem" series, the author summarizes the financial costs of mass incarceration and compares Wisconsin's prison costs and incarceration rates to those of nearby states. He then explains the social costs: to the imprisoned individuals, to their families, and to their communities.

Jun. 01, 2018

Frozen In Time:
Criminal Justice System & Public Defender Pay

Compensation for private-bar lawyers appointed to represent indigent criminal defendants is woefully inadequate – whether appointed by the SPD's Office or by the circuit courts. The author analyzes the problems with the publicly appointed attorney system and offers possible solutions.

May 30, 2018

Courts Decide Cases Relating to Lifetime GPS Tracking of Sex Offenders

In two recent cases, the Wisconsin Supreme Court and the Wisconsin Court of Appeals rejected challenges related to lifetime global positioning system (GPS) tracking of sex offenders in Wisconsin, which apply to some sex offenders by statute.

May 18, 2018

Wisconsin Supreme Court Raises Lawyer Pay for Court Appointments, Takes No Action on SPD Rate

This week, the Wisconsin Supreme Court raised the hourly rate paid to lawyers for court-appointed cases, from $70 to $100, but declined to take action regarding the $40 rate paid to private bar attorneys who take public defender cases.

May 16, 2018

Implicit Bias in the Legal Profession: Dana Tippin Cutler Has a Way Forward

Dana Tippin Cutler, former president of the Missouri Bar Association, discusses an approach to talk about diversity and implicit bias, through Courageous Collaboration.

May 16, 2018

Defense Bar Requests Court Action on Pay Rate for Appointed Lawyers

May 07, 2018

Federal Appeals Court Upholds 35-Year Prison Sentence for Juvenile

Grover Ferguson was age 17 when he shot a Milwaukee woman three times, once in the face, during a 2015 carjacking. Recently, a federal appeals court upheld Ferguson’s 35-year prison sentence, which greatly exceeded federal guidelines.

May 02, 2018

Hate Crimes on the Rise: Laws and Resources to Help Victims

Hate crimes are real, and they may be increasing in Wisconsin. In this article, learn about hate crime laws, the statistics, and the resources available to help victims – including the State Bar of Wisconsin's new Hate Crimes Hotline.

May 02, 2018

Wausau Metro Strong: Sara's Law and a Community Response to Tragedy

One of the first tasks the Wausau Metro Strong group did was look at ways to protect lawyers like Sara who take on contentious and difficult cases involving families and children, says attorney Lance Leonhard, deputy county administrator for Marathon County.

May 01, 2018

Supreme Court: Evidence that Witnesses Lied Not New, Conviction Stands

The affidavits of three men who said two witnesses lied when they testified that David McAlister was involved in an armed robbery were not enough to grant McAlister’s request for a new trial, the Wisconsin Supreme Court has ruled.

May 01, 2018

The Immigration Consequence of a Plea

Many forms of relief for noncitizens convicted of deportable criminal offenses have been eliminated while the number of offenses that trigger an immigration consequence has expanded. Despite these changes, defense lawyers can still provide vigorous, effective counsel to noncitizen clients.

Apr. 12, 2018

Governor Scott Walker Signs State Bar Supported Legislation into Law

Governor Walker signed "Sara's Law," named after Attorney Sara Quirt-Sann, who was one of four people killed in a shooting spree in Marathon County March 22, 2017. Quirt-Sann was representing the shooter's estranged wife in their divorce case.

Apr. 11, 2018

Court Says Transporting a Gun in a Glove Box without a Concealed Carry License was Illegal

The Wisconsin Supreme Court (6-1) has upheld the conviction of a man who transported a loaded handgun in his car’s glove compartment without a concealed carry license.

Apr. 04, 2018

The Community Caretaker Exception: U.S. Supreme Court Won't Hear Challenge

The U.S. Supreme Court has declined to hear a Wisconsin-based case on the community caretaker exception to the warrant requirement, for the third time in eight years.

Apr. 02, 2018

Appeals Court: Warrant Not Necessary, Police Had Consent from Ex-Wife

A defendant convicted of murdering his father at the age of 17 recently lost an appeal. A state appeals court rejected Dorian Torres’s argument that police violated the constitution when they entered his father’s home without a warrant.

Apr. 01, 2018

How Did We Get Here?
Wisconsin's Mass & Disparate Incarceration

Wisconsin incarcerates non-white persons at far higher rates than whites and at rates of disparity far above the national average. This article looks at how Wisconsin moved to this point and what our current circumstances are.

Mar. 16, 2018

Supreme Court May Revisit Life Sentences Without Parole for Juveniles

The Wisconsin Supreme Court may hear a case to determine whether Wisconsin law comports with recent decisions by the U.S. Supreme Court when it comes to sentencing juveniles to life in prison with no chance for parole.

Mar. 12, 2018

Rape Convictions Overturned: State Court Denied Right to Proceed Pro Se

March 12, 2018 – In the mid-1990s, DNA samples pinned one unknown suspect with five different sexual assaults. More than a decade later, the DNA was matched to Rodney Washington, who was convicted. Recently, the convictions were overturned.

Feb. 27, 2018

Federal Appeals Court Overturns Sexual Assault Conviction Against Officer

The U.S. Court of Appeals for the Seventh Circuit has overturned the conviction of a Milwaukee police officer sentenced to 24 years in federal prison for sexually assaulting a woman who called 911 to report vandalism by her neighbors.

Feb. 21, 2018

Dismissed Criminal, Eviction, Other Cases No Longer Displayed On Court Website After Two Years

Online court records of misdemeanor, felony, and some small claims cases displayed on the Wisconsin Court Access website (WCCA) will be removed after two years from disposition if the case was dismissed or the individual was acquitted.

Feb. 05, 2018

Greater Latitude Rule Applies to Other Acts Evidence in DV Case, Court Says

The Wisconsin Supreme Court has upheld domestic violence-related convictions, including aggravated and misdemeanor battery, despite the defendant’s argument that the court improperly admitted “other-acts” evidence.

Jan. 26, 2018

Fourth Amendment and Traffic Stop: Reasonable Suspicion Dissolved but No Violation

A driver charged and convicted for drunk driving, seventh offense, recently lost an appeal to the Wisconsin Supreme Court, which ruled (4-3) that an officer did not violate the driver’s Fourth Amendment rights during a traffic stop.

Jan. 22, 2018

Young Defendant Cannot Get Modified Sentence to Address Expungement

In Wisconsin, expungement decisions must be made at the time of sentencing. Recently, the Wisconsin Supreme Court ruled that a young defendant could not seek a sentencing modification to address expungement after the sentencing.

Jan. 11, 2018

Supreme Court: By Conduct, Defendant Waived Right to Be Present at Trial

The Wisconsin Supreme Court recently ruled that a criminal defendant waived his statutory right to be present at his own trial by engaging in manipulative and disruptive behavior, even though he did not expressly waive his right on record.

Jan. 03, 2018

Supreme Court Says Defendant Can’t Withdraw Plea, Court Error was Harmless

The Wisconsin Supreme Court has ruled (5-2) that a defendant cannot withdraw his guilty plea even though the trial court did not fully comply with the state statute that requires judges to advise defendants about immigration consequences.

Jan. 01, 2018

Personal Injury: When Criminal and Civil Law Intersect

A personal injury hypothetical highlights the civil law issues that criminal defense lawyers should consider and how those issues can affect the criminal case. It also addresses the considerations for civil lawyers when confronting a matter with an ongoing, parallel criminal case that arises from the facts of the civil dispute.

Jan. 01, 2018

Representing Domestic Abuse Survivors

Domestic abuse and violence survivors may seek representation in many types of cases in which the abusive power and control dynamic has a direct effect. These clients might have special needs during legal representation, whether or not the case involves the alleged abuser.

Dec. 20, 2017

Two Birds, One Stone: Bill Helps Lawyers with Debt if They Take Rural PD Cases

Private bar attorneys could get up to $20,000 per year to pay down law school debt if they take at least 50 cases from the public defender office, under a pending proposal.

Dec. 14, 2017

High-Profile Wisconsin Inmate, Dassey, Loses En Banc Appeal for Release

Brendan Dassey, who confessed to murder in 2005 and was featured in the popular Netflix docuseries “Making a Murderer,” recently lost an appeal to the U.S. Court of Appeals, sitting en banc, which upheld a Wisconsin state court decision.

Dec. 12, 2017

Bank Not Liable for Embezzlement of $34 Million by Corporation’s Employee

An employee embezzled about $34 million from her employer through banking transactions. The employer sued the bank, asserting a violation of the Wisconsin Uniform Fiduciaries Act, but a state appeals court recently upheld dismissal of the case.

Dec. 07, 2017

Abusive Mom’s Profanities: Free Speech Issue Unsettled, Supreme Court Says

Ginger Breitzman was convicted on various counts of physical child abuse and neglect against her 14-year-old son. But she was also convicted for hurling profanities at him, disorderly conduct, which she considered protected free speech.

Dec. 06, 2017

Shackling Kids: Counties Shifting on Policy, but Wisconsin in the Minority

Should Wisconsin join a majority of states with statewide rules or laws that ban indiscriminate shackling of children in juvenile court?

Dec. 01, 2017

Top 10 Recent Wisconsin Supreme Court Decisions

This article highlights 10 significant Wisconsin Supreme Court decisions from the 2016-2017 term, during which the court issued 50 decisions covering a wide range of subjects.

Nov. 08, 2017

7th Circuit Appeals Court Okays Police Seizure of Parking Violation Suspect

The U.S. Court of Appeals for the Seventh Circuit recently ruled that Milwaukee police did not violate the constitutional rights of a passenger in a vehicle that was parked illegally when officers swooped in and seized the vehicle’s occupants.

Nov. 01, 2017

OWI Blood Draws: An Uncertain Road Ahead

Clear rules and consistent enforcement are as important for lawyers who prosecute and defend operating while intoxicated cases as they are for motor vehicle operators. But right now, the law regarding blood draws of drunk-driving suspects is muddled at best.

Oct. 10, 2017

Special Needs Exception Justifies Checkpoint Stop, Court Upholds Conviction

A West Allis police officer used her squad car to block an intersection with a police checkpoint, hoping to intercept an armed robbery suspect. It worked. Recently, a state appeals court rejected the defendant’s Fourth Amendment challenge.

Oct. 01, 2017

Under the Radar: Human Trafficking in Wisconsin

Many people, including lawyers, do not realize the extent of human trafficking, in Wisconsin and nationwide. The authors shed light on this industry, explain the challenges victims face in the legal system, and describe how lawyers can help victims rebuild their lives.

Sep. 14, 2017

Failure to Inform Minor on DACA Implications Not a Basis for Plea Withdrawal

A criminal defendant argued that his lawyer did not tell him that pleading guilty to armed robbery would impact his eligibility for the Deferred Action for Childhood Arrivals (DACA) program. Recently, a state appeals court upheld the plea.

Sep. 07, 2017

Appeals Court Certifies DNA Surcharge Waiver Issue to Supreme Court

The Wisconsin Court of Appeals has certified an appeal for bypass to the Wisconsin Supreme Court to determine if circuit courts can waive a DNA surcharge that state law imposes on defendants convicted of misdemeanors or felonies.

Aug. 29, 2017

Former Walker Aide, Target in John Doe Probe, Loses Seventh Circuit Appeal

The U.S. Court of Appeals for the Seventh Circuit has ruled that Cynthia Archer, a former aide to Gov. Scott Walker, cannot pursue claims against six Milwaukee prosecutors and investigators who targeted her in a John Doe probe.

Aug. 25, 2017

Joint Finance Committee Returns to Vote on State Public Defender Budget

The Wisconsin Legislature’s Joint Finance Committee takes action on items pertaining to the State Public Defender’s budget.

Aug. 23, 2017

Investigatory Stop: Appeals Court Upholds OWI Conviction, Ninth Offense

A police officer observed a man walking away from a truck that crashed into a ditch, and stopped him. Recently, a state appeals court rejected the man’s claim that subsequent evidence of operating while intoxicated should have been suppressed.

Aug. 15, 2017

Appeals Court Upholds Search of Man Walking on Highway, Vehicle Out of Gas

A state appeals court recently upheld the search of a man who was walking on the interstate to retrieve gas for his vehicle despite the man’s argument that the officer did not have reasonable suspicion to believe he possessed a weapon.

Aug. 02, 2017

Traffic Stop and Request to Search Did Not Violate the Fourth Amendment

A sheriff’s deputy ran a man’s license plates in “high crime” area in Kenosha and learned the vehicle’s registration was suspended for emissions violations. Recently, the state supreme court ruled the subsequent stop and search, which uncovered drugs, waslegal.

Jul. 28, 2017

Blood Test Suppressed: Police Misinformed Driver on Consequences of Refusal

The state supreme court recently ruled (6-1) that a driver who hit a bicyclist did not give voluntary consent to a blood test because police misrepresented the consequences of refusing the test and thus obtained consent by coercion.

Jul. 27, 2017

Driving While Revoked Statute Ambiguous but Supreme Court Upholds Conviction

Ernesto Villamil was driving with a revoked license when her rear-ended another vehicle, killing the other driver. Recently, a state supreme court majority rejected his claim that the crime should be classified as a misdemeanor, not a felony.

Jul. 25, 2017

Drunk Driver Gave Consent, Blood Test was Voluntary, Supreme Court Says

A man convicted of operating while intoxicated (OWI), third offense, argued that a blood test should have been suppressed because he did not freely give consent. Recently, the Wisconsin Supreme Court (5-2) upheld the conviction, but with differing views on application of the state's implied consent law.

Jul. 24, 2017

Supreme Court: Vehicle Impoundment Did Not Violate Fourth Amendment

The Wisconsin Supreme Court has ruled (5-2) that police did not need a warrant to impound a man’s vehicle, resulting in evidence of a bank robbery, because the vehicle was blocking access to storage units and could have been vandalized.

Jul. 18, 2017

Mom Who Facilitated Sexual Assault of Daughter Loses Double Jeopardy Appeal

A mother who allowed her husband to sexually assault her 12-year-old daughter recently lost her appeal to the Wisconsin Supreme Court, which rejected the mother’s claim that multiple charges amounted to unconstitutional double jeopardy.

Jul. 14, 2017

Joint Trial Did Not Violate Murder Defendant’s Rights, Supreme Court Says

The Wisconsin Supreme Court recently reversed an appeals court decision that granted a new murder trial to Raymond Nieves, concluding a joint trial did not violate his rights despite a jailhouse informant’s testimony about the co-defendant.

Jul. 12, 2017

Drinking Ticket Downs Young Offender’s Chance at Expungement

The Wisconsin Supreme Court has ruled (5-2) that a 17-year-old offender who received a drinking ticket while on probation is not eligible for expungement of his convictions, meaning he can never clear them from his record.

Jul. 05, 2017

Race and Policing: A Roadmap to Reform

For decades, interactions between police and people of color have often been tense and even violent. Prof. Samuel Walker discusses efforts to address racial bias and reform policing techniques.

Jun. 29, 2017

Criminal Defendant Properly Served Subpoena, Supreme Court Rules

A criminal defendant properly served a subpoena on a witness by leaving the subpoena at the witness’s abode, the Wisconsin Supreme Court has concluded, reversing a state appeals court decision that the subpoena was improperly served.

Jun. 23, 2017

Intoxication Tests: Administrative Suspension Procedures Change July 1

Attorneys who work on OWI cases, specifically 10-day hearings that challenge administrative license suspensions based on the results of chemical tests, should be aware of procedural changes applicable to law enforcement appearances.

Jun. 07, 2017

Expungement Bill Gives Young Offenders More Opportunity for Second Chances

People who commit lower-level crimes while under the age of 25 must seek expungement at the time of sentencing. A bill with bipartisan support allows them to seek expungement later, after sentencing, and would apply retroactively.

Jun. 07, 2017

Juvenile Justice in Wisconsin: Where are We Now?

"If you can't be fair to kids you can't be fair to anyone," says State Public Defender Devon Lee. While Wisconsin has a lot of protections for kids in the juvenile justice system, it also has areas to work on. She explains where the system stands today.

Jun. 01, 2017

Nationwide Trend
Rethinking the Money Bail System

In many U.S. jurisdictions, only one factor determines whether a charged individual stays in jail before trial. That factor is not guilt or innocence, the nature of the crime, nor the defendant’s character. The factor is how much money the defendant has or can borrow. This article looks at trends in money bail systems nationwide, with a focus on Wisconsin and Washington, D.C.

Jun. 01, 2017

Milwaukee Moves Away From Money Bail System

The author discusses evidence-based pretrial release systems, including the one adopted in Milwaukee County, that rather than set bail based on the seriousness of the charge, focuses on the specific risk a defendant presents to not return to court.

May 05, 2017

Supreme Court Rejects Double Jeopardy Argument, Upholds Two Sentences for Hit and Run

The Wisconsin Supreme Court recently rejected a man’s claim that he could not be punished on two counts of hit and run causing two deaths because he only committed one crime, fleeing from the scene of the accident.

May 03, 2017

Country's Lowest Pay Rate for SPD Appointments Equals Constitutional Crisis

Petitioners say attorneys can’t fulfill ethical duties and effectively represent criminal defendants when their statutory compensation rate doesn’t even cover overhead costs.

Apr. 28, 2017

No Right to Counsel After Defendant Failed to Cooperate with Appointed Lawyers

A criminal defendant forfeited his constitutional right to counsel, under the Sixth Amendment to the U.S. Constitution, when he failed to cooperate with three lawyers appointed to represent him, the Wisconsin Supreme Court has ruled.

Apr. 19, 2017

‘Crimmigration’: From the Seat of Government to the Person Seated Across from You

Provide a vigorous defense to noncitizen clients with the aid of Immigration Consequences of Wisconsin Criminal Offenses, newly updated from State Bar of Wisconsin PINNACLE^®.

Apr. 18, 2017

Federal Appeals Court: Madison’s Deterrence Program Did Not Violate Rights

The U.S. Court of Appeals for the Seventh Circuit has rejected claims that a deterrence program that increased surveillance on repeat violent offenders was discriminatory and violated the constitutional rights of a person selected to participate.

Apr. 12, 2017

Supreme Court Upholds Conviction for Sexual Assault of a Child

The Wisconsin Supreme Court has ruled that a former corrections officer convicted of sexually assaulting a child won’t receive a new trial, rejecting the argument that defendant received ineffective assistance of counsel.

Apr. 10, 2017

Convicted Burglar was Not Compelled to Be a Witness Against Himself

Police arrested Brian Harris after finding him in a vacant residence with copper piping and the tools to remove it. In jail, a detective asked Harris if he wanted to make a statement. Harris said, “They caught me man, I got nothing else to say.”

Apr. 06, 2017

Supreme Court: Confrontation Clause Does Not Apply to Suppression Hearings

Allowing use of a police officer’s recorded statements from a dashcam at a suppression hearing did not violate a criminal defendant’s right to confront witnesses even though the police officer died before the hearing, the state supreme court has ruled.

Apr. 05, 2017

‘We Can Do Better Than This': Judge Everett Mitchell on Being Visible in Your Community

From an abused and traumatized child to a Dane County Circuit Court judge, Everett Mitchell talks about how his past informs his views on the role of lawyers and judges in the community.

Apr. 05, 2017

'Our Communities are Webs': Why Access to Justice Matters

When access to justice is denied, it affects us personally, says Milwaukee County Circuit Court Judge Richard Sankovitz. He explains why access to justice matters for everyone and how lawyers can get involved in their own communities.

Apr. 01, 2017

Final Thought
Honoring Those Who Defend

Public defenders are often criticized and rarely thanked, says Nick Chiarkas, but the work they do to represent accused individuals helps everyone by protecting constitutional rights.

Mar. 23, 2017

Tomah Man Who Threatened to Assassinate Obama in La Crosse Loses Seventh Circuit Appeal

Brian Dutcher announced on Facebook in June 2015 that he planned to assassinate then-U.S. President Barack Obama. Recently, the U.S. Court of Appeals for the Seventh Circuit upheld Dutcher’s conviction for threatening the President.

Mar. 09, 2017

Violent Sex Offender Doesn't Qualify for Commitment Discharge Hearing, Supreme Court Says

A man committed to an institution in 2005 as sexually violent person cannot receive a hearing to determine if he should be discharged, the Wisconsin Supreme Court has ruled, because he did not meet the standard required to obtain a new hearing.

Mar. 06, 2017

Supreme Court Split in Case Involving Blood Draw on Unconscious OWI Suspect

A motorcyclist suspected of drunk driving after hitting a deer was unconscious when a deputy sheriff initiated a warrantless blood draw. Recently, a state supreme court majority ruled the blood draw was legally justified, for different reasons.

Mar. 03, 2017

Wisconsin Supreme Court Limits Postconviction DNA Testing of Evidence

Convicted of murder in the early 1980s, Jeffrey Denny filed a postconviction motion in 2014, claiming he was entitled to forensic DNA testing of evidence from the crime scene. Recently, the state supreme court said he was not.

Mar. 01, 2017

Wes Moore: “Lawyers are in a Good Place to Lead the Conversation”

Same name, different path. In this article, author Wes Moore dishes on his New York Times bestselling book and the role that lawyers can play towards positive change.

Mar. 01, 2017

Mass and Disparate Incarceration in Wisconsin: It's Our Problem

Mass and disparate incarceration continues to plague our communities, especially Milwaukee. What can we do? The State Bar is taking steps to spark the conversation.

Mar. 01, 2017

Finding a Way Out: Disparate Incarceration in Wisconsin

Wisconsin's legal community must come together if it hopes to tackle mass and disparate incarceration. Panelists from a recent State Bar symposium share ideas for shaping the conversation and collaborating to help solve this critical justice issue.

Mar. 01, 2017

Guarding the Gate: Six Years of Daubert in Wisconsin Courts

While Wisconsin’s adoption of the Daubert standard for admission of expert testimony has not led to a sea change in the law, lawyers should prepare to make a detailed record in the trial court showing why the expert opinions they hope to offer into evidence are reliable and comply with Daubert.

Mar. 01, 2017

Final Thought
A Private Conversation on Implicit Bias and Race

To resolve the issue of mass incarceration, Judge Joe Donald says we have to become aware of our own implicit biases and confront their influence on arrest, bail, and sentencing decisions.

Feb. 24, 2017

Deportation Hold Requests are Exempt from Wisconsin Public Records Law

Federal immigration agencies can request that local law enforcement hold individuals for 48 hours after taken into custody, if subject to deportation. Recently, the state supreme court ruled those immigration hold requests are exempt from public records law.

Feb. 23, 2017

Supreme Court: Mandatory DNA Surcharge Not an Ex Post Facto Violation

The Wisconsin Supreme Court, in a 6-1 decision, recently ruled against a convicted felon who was forced to pay a mandatory $250 DNA surcharge, even though the surcharge was discretionary when she committed the felony crime.

Feb. 22, 2017

Facts Underlying Expunged Record Fair Game for Sentencing Court

Sentencing courts can consider the facts underlying a previously expunged record in making sentencing decisions, the Wisconsin Supreme Court has ruled, rejecting the claim that information underlying an expunged record is off limits.

Feb. 15, 2017

Gaining Trial Experience Made Easier

With fewer cases going to trial, it's harder than ever to get real trial experience. But by volunteering to accept pro bono appointments for prisoner cases, lawyers can get the experience they seek while doing good for society at large, says Judge William Griesbach.

Jan. 31, 2017

Corrections Officer Loses Appeal, Conviction Sticks for Sex Relations with Home Detainee

It is a criminal offense for a correctional officer to have “sexual contact or sexual intercourse with an individual who is confined in a correctional institution.” Recently, a state appeals court ruled that the law applies to individuals confined to their homes.

Jan. 20, 2017

Supreme Court Reinstates OWI Conviction, Concludes Blood Draw was Legal

A man convicted for drunk driving challenged evidence obtained from a blood draw conducted by an Emergency Medical Technician (EMT) in jail. Recently, the state supreme court upheld the conviction, reversing a lower appeals court decision.

Jan. 04, 2017

Your Second Chair: Criminal Defense Manual Keeps You on Task

The best thing about the Wisconsin Criminal Defense Manual is not only its start-to-finish checklists – from the initial appearance to sentencing – but also that it explains, in detail, how to check off the items on those lists. And with the latest supplement, you can trust that the law is up to date and relevant.

Jan. 01, 2017

Ethics, Professionalism, and E-discovery

Lawyers have an ethical obligation to understand core principles surrounding the preservation and production of electronically stored information, including steps that can be taken to preserve confidential and privileged data. The author outlines some of the most relevant rules of professional conduct and ethics opinions for litigators dealing with 21st-century technology.

Dec. 20, 2016

Medical Professional Loses Challenge to Court’s Discretion on Expungement

A young nurse who pled guilty to possessing methamphetamine will not be eligible for expungement of her criminal record despite her argument that the sentencing court did not adequately explain why the expungement request was denied.

Dec. 07, 2016

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15

The Judicial Conference Advisory Committees on Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure have proposed amendments to respective rules and forms and is requesting comments from the bench and bar.

Dec. 01, 2016

Annual Review
Top 9 Recent Wisconsin Supreme Court Decisions

The article highlights nine significant Wisconsin Supreme Court decisions from the 2015-2016 term, during which the court issued more than 40 decisions covering a wide range of subjects.

Dec. 01, 2016

Annual Review
Top 9 Recent Wisconsin Federal Court Decisions

This article looks at nine significant Wisconsin federal court decisions interpreting Wisconsin law in 2015-2016, encompassing common-law claims and statutory interpretations.

Nov. 30, 2016

State Supreme Court Splintered on Hot Pursuit/Fourth Amendment Case

Police initiated a traffic stop for a broken tail light about 100 feet from the driver’s home. He pulled into his garage. Police entered the garage without a warrant to stop him. Recently, the state supreme court found no constitutional violation.

Nov. 07, 2016

Restitution: Attempted Burglary Defendant Must Pay for Victim’s Home Security System

A man convicted for attempted burglary – and suspected but not convicted for prior break-ins at the same home – must pay the victim for the security system she installed to stop the burglaries, an appeals court has ruled.

Nov. 04, 2016

Busted Helping Overdose Victim: Court Decides “Aider” Immunity Issues

A woman charged with drug possession, drug paraphernalia, and bail jumping argued that she is immune from prosecution for crimes committed while “aiding” her friend, who overdosed on drugs. Recently, an appeals court agreed in part.

Oct. 06, 2016

State Appeals Court: No Restitution for Mother of Child Pornography Victim

A state appeals court has ruled that the mother of a child pornography victim cannot receive restitution from a defendant despite the mother’s argument that he caused her family financial losses by viewing illegal images of her daughter on the internet.

Sep. 09, 2016

Crimmigration: Appeals Court Remands to Determine Whether Deportation Likely

A state appeals court has remanded a case to determine whether a conviction for fleeing an officer was “likely to result” in a defendant’s deportation such that a failure to inform him of immigration consequences allows a plea withdrawal.

Sep. 01, 2016

Appeals Court Allows Other-Acts Evidence, Applies ‘Greater Latitude Rule’

Anton Dorsey argued “other-acts evidence” was improperly admitted as evidence to support domestic abuse charges against him. Recently, a state appeals court ruled the evidence was admissible, noting the expanded “greater latitude rule.”

Aug. 26, 2016

Federal Appeals Court Upholds Quantity Finding on Meth Sales

Aug. 26, 2016 – A man who pleaded guilty to selling a large amount of methamphetamine with his girlfriend in northwestern Wisconsin recently lost his federal appeal, despite his argument that the judge improperly calculated the quantity he sold.

Aug. 10, 2016

OWI Law: Appeals Court Allows Blood Test Evidence under Implied Consent Amendment

The circuit court in Fond du Lac County granted a motion to suppress blood test evidence in an operating while intoxicated (OWI) case, concluding that police coerced the driver to provide the sample. Recently, a state appeals court reversed.

Aug. 09, 2016

Federal Appeals Court: Judge Went Too Far with Comments at Sentencing

A federal district judge in Wisconsin who talked about urban decay, social unrest, and personal experiences before sentencing a heroin dealer to 84 months in prison committed procedural error, a federal appeals court panel has ruled.

Jul. 19, 2016

Supreme Court: No Agreement on In Camera Inspection of Health Records

A majority of Wisconsin Supreme Court justices could not agree on whether a victim alleging sexual assault should be barred from testifying if she refuses to release her mental health treatment records for in camera inspection, or whether criminal defendant.

Jul. 15, 2016

Ex Post Facto Laws: Supreme Court Grapples with Early Prison Release

Aman Singh committed three nonviolent crimes between 2008 and 2011, a period in which the Wisconsin Legislature twice shifted its stance on whether to allow prison inmates to be released early from prison for good behavior.

Jul. 13, 2016

OWI Defendant Loses Subject Matter Jurisdiction Argument at Supreme Court

A woman with seventh, eighth, and ninth operating while intoxicated (OWI) charges pending against her challenged a first-offense OWI she received in 1992, arguing the circuit court back then lacked subject matter jurisdiction.

Jul. 11, 2016

Supreme Court Applies Inevitable Discovery Doctrine in Murder Case

The Wisconsin Supreme Court has ruled that physical evidence obtained after the illegal interrogation of a murder suspect was not “fruit of the poisonous tree” because police would have inevitably discovered the evidence.

Jul. 08, 2016

Court Did Not Improperly Rely on Immigration Status at Sentencing

Leopoldo Salas Gayton, convicted for homicide by intoxicated use of a vehicle, argued that a judge improperly considered his immigration status as a factor at sentencing. Recently, the Wisconsin Supreme Court ruled the judge did not.

Jul. 06, 2016

OWI Law: New Developments Under U.S. Supreme Court Decision

July 6, 2016 – The U.S. Supreme Court, in a decision released June 23, 2016, ruled that police must obtain a warrant in drunk driving cases before seizing blood, but not for intoximeters. In this article, criminal lawyer Marcus Berghahn explains the ramifications.

Jul. 01, 2016

Supreme Court: Calls and Texts to Minor Through Flip Phone Constituted Computer Sex Crime

The Wisconsin Supreme Court recently upheld a former girls’ high school basketball coach’s conviction for using a “computerized communications system” to facilitate sexual contact with a player, despite his argument that he did not use a computerized comm

Jun. 14, 2016

Supreme Court: Evidentiary Hearing Not Required to Deny Plea Withdrawal Motion

A circuit court properly denied a plea withdrawal motion without an evidentiary hearing, even though the defendant argued that he did not enter to plea knowingly, intelligently, and voluntarily, the Wisconsin Supreme Court ruled today.

Jun. 13, 2016

Murder Case: No Plain Error on Analyst’s Cell Phone Mapping Testimony

A convicted murderer will not get a new trial despite his challenge to an “intelligence analyst” who mapped his location based on cell phone data. Defendant Robert Cameron had argued that the witness was not properly screened as an expert.

Jun. 10, 2016

No Love for Skillful Fraudster Who Preyed on Elderly through Romance Scams

The U.S Court of Appeals for the Seventh Circuit recently rejected the appeal of a woman convicted and sentenced for defrauding numerous victims with fake profiles on dating websites, a scheme that resulted in $2.2 million in identifiable losses.

Jun. 06, 2016

Witness Intimidation Charges Properly Joined, Wisconsin Supreme Court Rules

The Wisconsin Supreme Court has ruled (5-2) that the state properly joined intimidation charges to a sexual assault case that was not opened yet when the defendant made repeated threats to his girlfriend, a witness, from a jailhouse phone.

Jun. 01, 2016

Miranda v. Arizona: Fifty Years Later

Decided in June 1966, the landmark decision in Miranda v. Arizona, requiring police to give suspects “Miranda warnings,” turns 50 years old this month. In this article, criminal defense attorney Marcus Berghahn revisits Miranda as its stands today.

Jun. 01, 2016

Restoring Public Trust: Client Protection Committee Pays Out More Than $215,000 to Lawyer Theft This Year

Trust is the key to the legal profession. When that trust is violated by lawyers who take from their clients, it is the duty of the Wisconsin Lawyers’ Fund for Client Protection Committee to restore funds and trust to victim clients.

May 26, 2016

Defense Counsel Not Required to Inform Violent Sex Offender of Possible Civil Commitment Before Plea

Criminal defense lawyers representing defendants accused of sexually violent crimes are not required to inform their clients that pleading guilty could result in the possibility of civil commitment, the Wisconsin Supreme Court has ruled (4-2).

May 16, 2016

No Marital Privilege: Appeals Court Upholds Double-Murder Conviction

Daniel Schmidt had an extramarital affair with Kimberly Rose. He was later convicted for killing Rose and Rose’s brother. Recently, a state appeals court upheld the convictions, despite Schmidt’s objection to testimony provided by his wife.

May 01, 2016

101
Court Filings: New Rules to Protect Confidential Information in Wisconsin Court Records

The Hon. Gerald P. Ptacek and Marcia Vandercook explain the supreme court’s new rules, effective July 1, 2016, to protect sensitive information in court records.

Apr. 13, 2016

Milwaukee County Sheriff Must Disclose Unredacted Deportation-Hold Forms

Milwaukee County Sheriff David Clarke must release unredacted immigration forms the office received from U.S. Immigration and Customs Enforcement (ICE) pursuant to an open records request, a state appeals court has ruled.

Apr. 12, 2016

Supreme Court Upholds Conviction After Retrospective Competency Decisions

The Wisconsin Supreme Court (4-2) has upheld the conviction of a defendant who argued that he was incompetent to stand trial or be sentenced for a charge of second-degree sexual assault, reversing an appeals court decision.

Apr. 06, 2016

New Law Gives Landlords More Tools to Remove Problem Tenants

Heads up: More changes to landlord-tenant laws in Wisconsin. In this article, Delavan attorney Brian Schuk explains how Act 176 helps landlords remove problem tenants with “crime-free” notice provisions, changes to “notice” language, and other measures.

Apr. 05, 2016

Appeals Court Grants New Trial for 2009 Milwaukee Murder, Attempted Murder

A state appeals court has ruled that Raymond Nieves is entitled to a new trial in a murder case because the trial court improperly denied a pretrial severance motion and improperly admitted unreliable and prejudicial hearsay testimony.

Mar. 28, 2016

Appeals Court: Man Convicted in 1982 Murder Can have Evidence Tested for DNA

The year 1982 was the last time the Milwaukee Brewers made the World Series (and lost). The same year, a man named Christopher Mohr was brutally murdered. Now, one of the convicted killers won his first fight towards a new trial.

Mar. 23, 2016

Failing to Remove Juror Not Deficient Performance, Appeals Court Rules

After his conviction, a court granted Todd Tobatto a new trial because his lawyer did not request removal of a particular juror during voir dire. A state appeals court recently reversed, concluding the juror did not show subjective bias.

Mar. 15, 2016

Sentence Upheld, Although Plea Deal Silent on “Concurrent” or “Consecutive”

The Wisconsin Supreme Court has unanimously ruled that the state did not breach a plea agreement by recommending “consecutive” sentences where the plea agreement was silent on the issue of “concurrent” or “consecutive” sentences.

Mar. 10, 2016

Appeals Court Says Dying Declarations Properly Admitted in Murder Case

A police officer found Jamal Pinkard on the ground after responding to reports of a shooting, a gunshot wound to his chest. The officer asked who did it, and Pinkard responded with a first name, Anthony, and two nicknames, “Lil Ant” and “2-1.”

Mar. 08, 2016

Concealed Carry on City Buses Among Cases Added to Supreme Court Docket

A group challenging a rule that prohibits people from traveling on city buses with weapons, even concealed guns carried legally, will have its case heard by the Wisconsin Supreme Court, which recently added eight new cases to its docket.

Feb. 24, 2016

Wisconsin Supreme Court Upholds Warrantless Blood Draw in Heroin Case

State v. Parisi, 2016 WI 10 (Feb. 24, 2016), that a warrantless blood draw by police was constitutional because it was supported by exigent circumstances.

Feb. 22, 2016

Supreme Court May Consider Confrontation Clause Issue of Surrogate Testimony

Still grappling with surrogate expert testimony, the state appeals court is asking the Wisconsin Supreme Court to decide whether a toxicology report and supporting testimony can be admitted if the toxicology report’s author doesn’t testify.

Feb. 11, 2016

Supreme Court Upholds Warrantless Search of Locked Pot Grow Room

Believing someone could be injured inside, police officers searched a Kenosha man’s home without a warrant, including a locked room that contained a marijuana plant. Recently, a Wisconsin Supreme Court majority (4-3) upheld the search.

Feb. 09, 2016

Sexually Violent Persons Challenge Commitment Discharge Law, Supreme Court May Hear It

Two men who were civilly committed as sexually violent want to be released, and filed a discharge petition. Now the Wisconsin Supreme Court may hear their challenge to a 2013 law that changed the standard for review of such petitions.

Feb. 03, 2016

Wrongful Convictions: Bill Raises Compensation Rate, Provides More Assistance

Individuals who serve prison time for crimes they did not commit may get more state compensation, under a bill with bipartisan support. But can more be done to prevent wrongful convictions?

Feb. 03, 2016

Locating Wisconsin Jury Instructions: Turn to Fastcase for New Electronic Edition

The book Wisconsin Jury Instructions assists judges and attorneys with instructing jurors who must reach verdicts during trials. An electronic version is newly available through Fastcase, a legal research service.

Feb. 02, 2016

Seventh Circuit: Wisconsin Can Use GPS to Track Child Sex Offender for Life

In 2005, Michael Belleau was civilly committed as a “sexually violent person,” after serving prison time for sexually assaulting children. When released in 2010, Wisconsin law required him to wear a GPS monitoring device for the rest of his life. Recently, a federal appeals court upheld the state law, reversing a lower court.

Jan. 28, 2016

Supreme Court Okays Plea Withdrawal, No Notice on Immigration Consequences

A lawful permanent resident of the U.S. who pled guilty to drug charges more than a decade ago can withdraw her pleas and enter new ones because she did not receive proper warnings about the immigration consequences of pleading guilty.

Jan. 26, 2016

Court Accepts 12 Cases, Including One on Immigration Status at Sentencing

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.

Jan. 19, 2016

No Miranda Warning but Appeals Court Upholds Use of Incriminating Statements

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.

Jan. 15, 2016

Wisconsin Supreme Court Upholds Police Stop in Private Apartment Garage

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.

Jan. 13, 2016

Convicted Bank Robber Says No Direct Proof of Bank Charter, Still Loses Appeal

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.

Jan. 11, 2016

Witnesses Will Be Excluded in Shaken Baby Case, Appeals Court Says

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. 05, 2016

Involuntary Commitment: Supreme Court Rejects Inmate’s Constitutional Challenge

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.

Jan. 01, 2016

In the Crosshairs: Heroin’s Impact on Wisconsin’s Criminal Justice System

Wisconsin’s treatment courts struggle with a new epidemic, the explosive growth in the number of heroin addicts and overdoses. Despite the challenges, treatment courts are better equipped to assist heroin-addict offenders than are standard criminal courts.

Dec. 09, 2015

OWI Case: Court Allows Audio Recording of Officer Who Died Before Hearing

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

Dec. 08, 2015

Appeals Court Says Defendant Had Right to Possess Switchblade at Home

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.

Dec. 03, 2015

Sentencing Court Allowed to Consider Facts Underlying Expunged Record

Christopher Allen hit a tree while driving drunk, killing one passenger and injuring another. Recently, a state appeals court ruled that a sentencing court properly considered facts relating to a prior record of conviction that was later expunged.

Dec. 01, 2015

Top 9 Recent Wisconsin Supreme Court Decisions

The article highlights nine significant Wisconsin Supreme Court decisions from the 2014-2015 term, during which the court issued 53 decisions covering a wide range of subjects.

Dec. 01, 2015

Top 8 Recent Wisconsin Federal Court Decisions

The article looks at eight significant Wisconsin federal court decisions interpreting Wisconsin law in 2014-2015, encompassing common-law claims and statutory interpretations.

Nov. 19, 2015

Seventh Circuit: Investigators Exceeded Scope of Consent in Milwaukee Arson Case

A three-judge panel for the U.S. Court of Appeals for the Seventh Circuit has ruled that investigators exceeded the scope of a suspect’s consent to search a commercial and residential building that burned down five years ago in Milwaukee, effectively reversing a federal false information conviction.

Nov. 18, 2015

Legal Innovation: Video Illuminates Client Stories at Sentencing

Nov. 18, 2015 – Legal innovation is about providing better service more efficiently. For criminal defense attorney and legal innovator Syovata Edari, that means helping clients effectively tell their story using multimedia tools.

Nov. 09, 2015

Supreme Court Accepts 12 New Cases, Including Hot Air Balloon Injury Case

The Wisconsin Supreme Court may decide whether a hot air balloon business that donated free, tethered hot air balloon rides during a charity event is immune from a lawsuit by a person injured from a runaway hot air balloon.

Nov. 06, 2015

Appeals Court Says Enhanced Misdemeanor Prison Sentences Can Be Adjusted

Criminals serving prison sentences under enhanced penalties for repeat misdemeanor offenses can petition circuit courts for adjusted sentences after serving 75 percent of the prison term, a state appeals court has ruled.

Nov. 02, 2015

Sentenced to Life as Juveniles, Gang Members Lose Appeal for New Sentence

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.

Nov. 01, 2015

As I See It
Reforming the ‘Science’ in Forensic Science

The problem of shaky or flawed forensic science evidence is about much more than wrongful conviction of the innocent. It also means that the system fails to identify the truly guilty. Criminal cases are increasingly science-dependent, and the traditional forensic sciences have played a critical role in the way we dispense justice. To make forensic science evidence more reliable, a wide range of reforms must take place.

Oct. 30, 2015

$250 DNA Surcharge “Not Punitive,” Does Not Violate Constitution

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

Expert Report is Not a “New Factor” Sufficient to Expunge a Criminal Sentence

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

Verbal Harassment Alone May Constitute ‘Cruel and Unusual Punishment’

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.

Oct. 21, 2015

Plea Bargaining for Noncitizen Clients: What Defense Attorneys Should Know

Oct. 21, 2015 – Immigration attorney Davorin Odrcic provides practical advice to criminal defense lawyers who represent noncitizen clients in plea bargaining negotiations.

Oct. 21, 2015

Go Beyond Padilla: Preventing Immigration Consequences for Noncitizen Clients

Oct. 21, 2015 – It's crucial that criminal defense and immigration attorneys recognize the perils of certain guilty pleas and convictions for noncitizen clients, says Davorin Odrcic. Listen to his client, who found himself the subject of an investigation and possible deportation.

Oct. 14, 2015

Court Upholds Child Porn Conviction Despite Extended Seizure of Computers

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. 12, 2015

Appeals Court Says Probation Improperly Revoked Under Fifth Amendment

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.

Oct. 07, 2015

Our Courts Wisconsin Educates Adults about the Criminal Court System

Oct. 7, 2015 – New program introduces the inner workings of the criminal justice system to adults.

Oct. 06, 2015

Defendant Entitled to Withdraw Plea Despite Commuted Sentence

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.

Sep. 24, 2015

Law Barring Sex Offenders from Photographing Minors is Unconstitutional

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.

Sep. 21, 2015

Wisconsin Supreme Court May Hear Challenge to COMPAS Assessments

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.

Sep. 16, 2015

What is the Law on Driving Under the Influence of Marijuana in Wisconsin?

Sept. 16, 2015 – Wisconsin has a zero-tolerance policy when it comes to driving with trace amounts of marijuana “metabolites” in the blood. No impairment is required. But one OWI-DUI lawyer says the law should change to reflect changing attitudes on marijuana.

Sep. 14, 2015

Sender Had No Expectation of Privacy in Text Messages on Recipient’s Phone

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.

Sep. 10, 2015

Legislators Reintroduce Bill Returning Some 17-Year-Olds to Juvenile Court

Sept. 10, 2015 – Three Wisconsin legislators are circulating a bill draft that is nearly identical to last session’s Second Chance bill, calling for the return of nonviolent, first-time 17-year-old offenders to juvenile court jurisdiction.

Sep. 01, 2015

Good Time Jail Credit Not Available for Stayed Prison Sentence, Court Says

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.

Sep. 01, 2015

As I See It
Low Assigned-Counsel Compensation Shortchanges Justice

The way Wisconsin pays lawyers appointed for criminal defendants causes the indigent accused to receive conflicted representation, says John Birdsall.

Aug. 26, 2015

Legislature Takes Another Look at Criminal Procedure Code Overhaul

At a joint public hearing last week, legislators and stakeholders spent several hours discussing proposed changes, which have been in the works for more than 20 years, to Wisconsin’s criminal procedure code.

Aug. 24, 2015

Second Amendment Protects Unauthorized Non-U.S. Citizens, Seventh Circuit Court Rules

Non-U.S. citizens who are not authorized to be in the U.S. but have substantial connections with the country are protected by the Second Amendment to the U.S. Constitution, which grants the right to bear arms, a federal appeals court has ruled.

Aug. 14, 2015

Supreme Court Accepts Case on Governor’s School Regulation Authority, Four Others

The Wisconsin Supreme Court will hear a case to examine whether the governor can nix rules promulgated by the state school superintendent, whether a Wisconsin Department of Justice employee was fired in violation of a state whistleblower law, and what gra ndparents must show to get grandchild visitation rights.

Aug. 04, 2015

Defendant Who Says Ex-Wife’s Death Was Accidental During Sex Wins Appeal

Oscar Thomas has maintained that he killed his ex-wife accidentally while applying pressure to her neck during consensual sex. Recently, the U.S. Court of Appeals for the Seventh Circuit ruled that Thomas can continue to make his case.

Jul. 31, 2015

Milwaukee Police Stop was a “Seizure” without Reasonable Suspicion

The U.S. Court of Appeals for the Seventh Circuit has ruled that Milwaukee police officers “seized” Dontray Smith without reasonable suspicion, reversing his conviction and prison sentence for possessing a firearm as a felon.

Jul. 29, 2015

Bad Jury Instructions Don’t Negate Conviction for Felony Murder

The Wisconsin Supreme Court has ruled that it was harmless error for a trial court to give jury instructions that described a theory of culpability that was not presented to the jury, upholding a conviction for felony-murder in a fatal robbery.

Jul. 24, 2015

Police Unlawfully Extended Traffic Stop but Search Still Legal, Supreme Court Says

Police stopped a motorist for a seat belt violation, and thought he looked nervous. The driver passed a field sobriety test for possible drug use and police released him, but then asked to search his truck. He consented. Recently, the state supreme court upheld the search, which uncovered drugs and guns near a child.

Jul. 21, 2015

RICO Conspiracy Conviction Counts as Prior Drug-related Conviction, Court Says

The Wisconsin Supreme Court has ruled that a conspiracy conviction under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) counted as a prior drug-related crime, allowing an increased penalty for cocaine possession.

Jul. 20, 2015

Wisconsin Supreme Court Justices Debate Judicial Recusal Law in Drunk Driving Homicide Case

The state supreme court has rejected claims that a sentencing judge was objectively biased in sentencing a man convicted of homicide by intoxicated use of a vehicle, although the judge noted that she lost a sister to a drunk driver in 1976.

Jul. 17, 2015

State Supreme Court Ends Probe on Alleged Illegal Campaign Coordination

The state supreme court has ended the secret John Doe proceedings reportedly initiated in 2012 to determine whether Gov. Scott Walker’s recall campaign, and other recall campaigns, illegally coordinated with outside advocacy groups.

Jul. 16, 2015

Supreme Court: Reasonable Mistake of Law Can Support a Traffic Stop

Mistakenly believing that Richard Houghton was violating the law while driving with a missing front license plate and a dangling air freshener and GPS system slightly obstructing his view, police made a traffic stop and uncovered marijuana in a subsequent vehicle search. Recently, the state supreme court upheld the search.

Jul. 09, 2015

Counsel Not Required to Tell Client that Deportation was Certain if Convicted

Hatem Shata, an Egyptian national, argued that his lawyer gave him bad advice when he said a guilty plea would trigger a “strong chance” of deportation instead of telling him deportation was a certainty. Recently, the state supreme court ruled that counsel’s advice was not deficient, rejecting Shata’s request for a plea withdrawal.

Jul. 07, 2015

No New Trial for Man Who Killed Parents, Wisconsin Supreme Court Says

A man who was convicted and sentenced to life in prison for killing his mother and father won’t get a new trial, the Wisconsin Supreme Court has ruled, despite the man’s claim that a new trial was warranted in the interests of justice.

Jul. 01, 2015

Protecting Victim Privacy: New Appellate Procedure Rule Takes Effect July 1

July 1, 2015 – Effective today, appellate briefs may not identify crime victims by name in certain types of cases. In this article, Wisconsin Judicial Council staff attorney April Southwick explains the rule and what lawyers must do to comply with it.

Jul. 01, 2015

American Injustice: How We Can Make a Difference

July 1, 2015 – A product of the Civil Rights Movement, attorney Bryan Stevenson understands the impact that lawyers can have on changing communities for the better.

Jun. 29, 2015

Wisconsin Supreme Court Clarifies Law on Waiver of Right to Counsel

A defendant’s right to counsel when charged with a crime and the law of waiver of that right came under review by the Wisconsin Supreme Court in State v. Delebreau, 2015 WI 55 (June 16, 2015) providing the court an opportunity to clarify previous rulings.

Jun. 18, 2015

Despite Juvenile’s Unrecorded Confession, Supreme Court Upholds Conviction

State law requires custodial interrogations of juveniles to be recorded except under limited circumstances. Recently, the state supreme court upheld a minor’s homicide conviction even though his confession was not recorded by police.

Jun. 17, 2015

Learn to Use Technology at Trial with Newly Revised Wisconsin Criminal Defense Manual

June 17, 2015 – The Wisconsin Criminal Defense Manual is newly revised for 2015.

Jun. 12, 2015

Supreme Court: Due Process Rights Violated in Drunk Driving Case

The Wisconsin Supreme Court has ruled that amending a judgment of conviction for driving with a prohibited alcohol concentration (PAC) or forcing a plea withdrawal would violate defendant Andrew Chamblis’s constitutional right to due process of law.

Jun. 02, 2015

Police Questioning Illegal but Court Allows Evidence in Fatal Stabbing Case

Police were illegally questioning Mastella Jackson before she incriminated herself in her husband’s murder by stabbing. But it was error to suppress a bloody knife found at Jackson’s home, a state appeals court has ruled.

May 26, 2015

Supreme Court Accepts Seven Cases, Including Judgment Interest Case

The Wisconsin Supreme Court has added seven new cases to its docket, including one to examine whether a party is entitled to judgment interest at the rate in effect when a judgment was entered, or at the time a settlement offer was made.

May 22, 2015

Statute Allowing Hearsay at Preliminary Hearing Not an Ex Post Facto Law

A state appeals court recently ruled that hearsay evidence could be used to determine whether to charge David Hull of sexual assault, despite Hull’s argument that the statute, applied to him, was an unconstitutional ex post facto law.

May 21, 2015

Appeals Court Clarifies Ex Post Facto DNA Surcharge Issues in Two Cases

A defendant who committed a misdemeanor crime before a new law required persons convicted of misdemeanors to submit DNA samples doesn’t have to pay the $200 DNA surcharge associated with the law, a state appeals court has ruled.

May 14, 2015

Accused Campus Killer Can Pursue Civil Claims against Prosecutor, Lab Techs

Ralph Armstrong spent almost 30 years in prison before a new trial was ordered in his murder-rape case, which was later dismissed. Recently, the U.S. Court of Appeals for the Seventh Circuit ruled that Armstrong can pursue his civil lawsuit against the prosecutor and crime lab techs, accused of destroying evidence in bad faith.

May 12, 2015

Supreme Court Clarifies Test to Admit Third-Party Perpetrator Evidence

Convicted of murder, General Grant Wilson appealed to argue that it was error for the trial court to exclude evidence supporting his theory of defense: that another man set him up. Recently, the Wisconsin Supreme Court said it wasn’t an error.

May 06, 2015

Prom and Graduation Time: What Parents Should Know About Liability for Underage Drinking

May 6, 2015 – Aside from criminal penalties for providing alcohol to underage persons, social hosts can face civil liability for the negligent actions of intoxicated underage persons. In this article, Racine attorney Mark Hinkston explains the laws on underage drinking liability.

May 05, 2015

Community Caretaker Exception Supported Arrest, Subsequent Blood Draw

The Wisconsin Supreme Court recently upheld the arrest and subsequent blood draw of a man whose wife called police to report her husband was possibly suicidal and drunk, although police did not observe any traffic violations.

May 01, 2015

Court Clarifies State’s Burden on Competency in Postconviction Proceedings

The Wisconsin Supreme Court has clarified that when a defendant asserts competency to pursue postconviction relief but defense counsel disagrees, the state must prove the defendant is competent by a preponderance of the evidence.

May 01, 2015

Out of Sight, Not out of Mind: Deposition Ethics and Best Practices

Recent cases have led attorneys and courts to focus on obstreperous conduct during the discovery process. This article identifies the intersection between the discovery rules and the rules of professional responsibility and then focuses specifically on how professional responsibility applies to the deposition process – from noticing the deposition, to preparing the witness, to taking and defending the deposition, to post-deposition practices.

Apr. 28, 2015

State Supreme Court Adds Five Cases to Its Docket, Including OWI-related Cases

The Wisconsin Supreme Court has added five cases to its docket, including one OWI-related case to determine whether police can make a traffic stop based on a reasonable suspicion that an auto occupant committed a non-traffic offense.

Apr. 27, 2015

Supreme Court: Destroying Blood Samples Did Not Violate Due Process Rights

The due process rights of two defendants accused of driving with drugs in their systems were not violated even though blood samples were destroyed before they could independently test them, the Wisconsin Supreme Court recently ruled.

Apr. 03, 2015

Wisconsin Supreme Court Upholds Child Sexual Assault Conviction

April 3, 2015 – The Wisconsin Supreme Court has upheld the conviction of a man accused of sexually assaulting his minor stepdaughter repeatedly over a five-year period, despite lower court rulings that said the defendant deserved a new trial.

Mar. 30, 2015

Defendant Gets New Trial in Alleged Sex Communications with Minor Case

A man who allegedly used a cell phone to facilitate a child sex crime will get a new trial because the jury received improper instructions.

Mar. 19, 2015

Complaint Okay Despite Indefinite Dates Alleging Sex Assault Crimes Against Minor

The Wisconsin Supreme Court recently ruled that the case against Brian Kempainen, accused of sexually assaulting his stepdaughter many years ago, can proceed despite Kempainen’s due process argument for dismissal.

Mar. 18, 2015

Proposed Conflict Defender Office to Reduce SPD Appointments to Private Bar

March 18, 2015 – A budget proposal aims to reduce the number of indigent defense cases appointed to private bar attorneys by keeping more “conflict” cases in house. In this article, Waukesha criminal defense lawyer Anthony Cotton raises some concerns.

Mar. 18, 2015

Marquette Law Professor: Early-release Prison Programs Reduce Recidivism, Save Money

March 18, 2015 – Wisconsin has more than 20,000 individuals in prison, and nearly all of them will eventually be released to the community. Given this reality, “all of us have a stake in whether these prisoners are well prepared for a successful return to free society,” says Marquette University Law School Professor Michael O’Hear.

Mar. 13, 2015

Appeals Court: Customers Can’t Tape Prostitutes Nude Without Consent

Charles Adams captured nude video of a prostitute he hired without her consent, claiming he did it to shield himself against criminal allegations if the woman overdosed on drugs or accused him of battery. But a state appeals court didn’t buy it.

Mar. 05, 2015

Wisconsin Supreme Court Upholds Conviction Despite Warrantless Dog Sniff

Police did not obtain a warrant before using a drug dog to sniff around Gary Scull’s front door. Recently, the Wisconsin Supreme Court upheld Scull’s conviction for drug dealing, rejecting his claim that all evidence should be suppressed.

Mar. 03, 2015

Ice Pick Killer Forfeited his Right to Testify, Wisconsin Supreme Court Rules

A man accused of killing the mother of his children with an ice pick was not allowed to testify in his own defense at the first-degree murder trial. Recently, the Wisconsin Supreme Court ruled that Eddie Anthony forfeited his right to testify.

Mar. 01, 2015

As I See It
Let the Good Time Roll: Early Release for Good Behavior in Prison

Reinstituting programs that allow prison inmates to be released early for good behavior is a cost-effective and safe way to reduce prison populations and decrease the likelihood that former inmates will commit more crimes once released.

Mar. 01, 2015

'Good Time': Earning Early Release from Prison

Feb. 24, 2015

Sentencing Sticks Despite Mutual Misunderstanding on Plea Deal

Nelson Fortes waived his right to withdraw a guilty plea because he proceeded with sentencing despite a mutual misunderstanding about the deal, a state appeals court has ruled while rejecting his ineffective assistance of counsel claim.

Feb. 20, 2015

Federal Appeals Court: Admitting Child’s Voicemail as Excited Utterance Was Error

The U.S. Court of Appeals for the Seventh Circuit has ruled that it was error for the district court to admit into evidence, as an excited utterance, a nine-year-old child’s voicemail indicating the criminal defendant physically assaulted her mother.

Feb. 09, 2015

Ostrich Instruction Okay in Gun Purchase Case, Federal Appeals Court Rules

A panel for the U.S. Court of Appeals for the Seventh Circuit has affirmed the conviction of a Wisconsin man who failed to disclose a prior conviction for misdemeanor domestic violence on a federal form before purchasing a hunting rifle.

Feb. 04, 2015

Protecting the Vulnerable: Employment Law Covers Undocumented Workers, too

Feb. 4, 2015 – “They’re human beings and we have laws to protect against rape, sexual abuse, and sexual harassment.” Dennis McBride, a trial attorney with the Milwaukee office of the U.S. Equal Employment Opportunity Commission, doesn’t mince words when it comes to protecting all workers, even those who are undocumented, from employer abuse.

Feb. 03, 2015

U.S. Supreme Court Could Hear Wisconsin Case on Harmless Error and the Right to Testify

Last year, a Wisconsin Supreme Court majority (5-2) ruled that a trial court committed harmless error when it refused to let a defendant testify at trial. Now, the U.S. Supreme Court could decide whether the harmless error analysis is permitted when a defendant has been completely deprived of a constitutional right to testify.

Jan. 27, 2015

Sentencing Court Did Not Rely on Improper Factors, No Resentencing for Defendant

Danny Alexander wanted to be resentenced, arguing that he was compelled to make incriminating statements to his probation officer and the sentencing judge relied on them to sentence him. Recently, the state supreme court disagreed.

Jan. 26, 2015

Court Certifies Questions on Plea Withdrawals When Deportation Possible

A state appeals court has certified criminal cases to decide the point at which deportation becomes “likely” enough to allow a defendant to withdraw a plea on the basis that they were not informed of the immigration consequences of the plea.

Jan. 22, 2015

Defendant Who Didn’t Get Full Substitution of Judge Gets New Trial

A defendant who requested a substitution of judge in the criminal case against him will get a new trial because the judge, who granted the substitution, ultimately presided over the trial, the Wisconsin Supreme Court has ruled.

Jan. 20, 2015

Daubert Standard Did Not Apply in Commitment Discharge Proceedings

The Wisconsin Supreme Court has ruled that the Daubert standard, which tests whether an expert is qualified to testify, did not apply in the discharge proceedings commenced by two defendants involuntarily committed as sexually violent.

Jan. 13, 2015

Cases May Impact Defense Attorneys Advising on Immigration Consequences

The Wisconsin Supreme Court has added three cases to its docket, including two cases that may impact a defense counsel’s obligation to advise criminal defendants on the immigration consequences of plea deals.

Jan. 12, 2015

Direct Contact with DV Victim Not Required for Bail Jumping Conviction

A state appeals court has ruled that Bobbie Bowen violated the conditions of his bail when he broke into his ex-girlfriend’s home, despite Bowen’s argument that he did not come face-to-face with her and thus made no “contact.”

Jan. 01, 2015

Using Preliminary Breath Test Results in Trials? Don’t Hold Your Breath

Even with the improvement of breath-test technology, concerns remain about the reliability of preliminary breath test (PBT) results. Thus, the Wisconsin Legislature and Supreme Court have erected barriers to using the results at trial as evidence of defendants’ intoxication. Recent court decisions provide guidance when litigating these matters.

Jan. 01, 2015

Court of Appeals Digest

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Dec. 18, 2014

Wisconsin Supreme Court Sides With Young Defendant in Expungement Case

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.

Dec. 17, 2014

10 Revised and New Court Forms, Effective Dec. 15

Dec. 17, 2014 – The Wisconsin Records Management Committee has revised three and created seven new forms, effective Dec. 15, 2014.

Dec. 12, 2014

Supreme Court Accepts Real Estate Commission Case and Nine Others

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.

Dec. 03, 2014

Defendant’s Platinum Teeth Not Protected by Self-Incrimination Clause

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. 01, 2014

Wisconsin Supreme Court Allows Plea Withdrawal in Armed Robbery Case

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.

Dec. 01, 2014

Top 9 Recent Wisconsin Supreme Court Decisions

The article highlights nine significant Wisconsin Supreme Court decisions from the 2013-14 term, during which the court issued more than 50 substantive decisions.

Dec. 01, 2014

Top 10 Recent Wisconsin Federal Court Decisions

The article looks at 10 significant Wisconsin federal court decisions interpreting Wisconsin law in 2014, encompassing common-law claims and statutory interpretations.

Dec. 01, 2014

As I See It
Finding the Middle Ground? Allowing Depositions in Criminal Cases

Kaivon Yazdani discusses the pros and cons of a possible amendment to Wisconsin’s Rules of Criminal Procedure that would allow attorneys to depose witnesses, and proposes a solution that aims to be neutral.

Nov. 24, 2014

Police Thought Suspect Would Destroy Pot, Warrantless Entry Okay

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.

Nov. 20, 2014

Defendant's Knowledge of Actual Person Not Necessary for ID Theft Conviction

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.

Nov. 18, 2014

Sex Assault Defendant’s Ineffective Assistance of Counsel Claim Fails

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.

Nov. 13, 2014

State Appeals Court Majority Upholds Conviction of Former Walker Aide

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.

Nov. 11, 2014

Supreme Court May Clarify Evidence Necessary in Felony Murder Case

The Wisconsin Supreme Court may decide whether the was sufficient evidence to convict Maltese Williams of felony murder while clarifying whether courts must measure evidence against jury instructions or against statutory requirements.

Nov. 06, 2014

Prosecutor's Voir Dire Questioning Not Improper in PAC Case

A prosecutor in Portage County elicited a promise from the jury during voir dire to convict if the state proved beyond a reasonable doubt that the defendant was driving with a prohibited alcohol concentration. Recently, a state appeals court ruled the pro mise did not violate the defendant’s constitutional right to a jury trial.

Nov. 01, 2014

As I See It
Adults Only: Returning 17 Year Olds to Juvenile Court

17 year olds are charged as adults for all offenses committed in Wisconsin, but Thomas Walsh believes they should be returned to the juvenile court system.

Oct. 20, 2014

Juvenile’s Unrecorded Confession Admissible under Public Safety Exception

A 14-year-old named Joel admitted to robbing a woman at knifepoint in Milwaukee, but later argued that the admission wasn’t recorded by police and thus could not be admitted as evidence. Recently, a state appeals court disagreed.

Oct. 13, 2014

Castle Doctrine Does Not Save Man Who Fired Shots Outside His Apartment

A relatively new law known as the “castle doctrine,” which gives residents more legal protection when they injure or kill someone who enters their home without permission, did not extend to a man who shot at intruders outside his home.

Oct. 02, 2014

Police Search Illegal: Court Reverses Psilocybin Convictions

Christopher Thomas refused when police asked to search the trailer that he shared with Jeremiah Popp. But officers peered inside windows with flashlights, revealing equipment commonly associated with manufacturing illegal drugs. The two were arrested and ultimately convicted.

Oct. 01, 2014

A Case of Domestic Violence and Milwaukee County’s Collaborative Work to Fight It

Oct. 1, 2014 – October is National Domestic Violence Awareness Month, a time to explore how the legal community protects domestic violence victims. In this article, one Milwaukee prosecutor explains what Milwaukee is doing to combat domestic violence, using one case as an example of innovation and collaboration.

Oct. 01, 2014

101
E-filing in Four Easy Steps

Circuit court e-filing provides an easy and efficient way to conduct business with the courts. Jean Bousquet and Marcia Vandercook explain how to do it.

Oct. 01, 2014

Solutions
Mandatory E-filing May Be Coming Soon to the Courts Near You

Jean Bousquet and Marcia Vandercook explain the proposal to require electronic filing in Wisconsin’s circuit courts.

Sep. 26, 2014

Court Distinguishes “Statements” and “Physical Evidence” in Miranda Case

Prison officials knew that visitor Marie Ezell could be delivering contraband to a prisoner when they detained her and called police. Recently, a state appeals court ruled that police violated her Miranda rights, but upheld her conviction on the basis that “physical evidence” did not need to be suppressed.

Sep. 24, 2014

No Probable Cause for Arrest: Appeals Court Reverses OWI Conviction

A conservation warden made an arrest without probable cause, a state appeals court has ruled, despite the state’s argument that Thomas Anker was only temporarily detained before his arrest for operating a vehicle while intoxicated.

Sep. 10, 2014

Criminal Action Against Village Clerk Who Embezzled Funds Not Time-Barred

A state appeals court recently upheld Kim Simmelink’s multi-count conviction for felony theft, rejecting her argument that the village he stole from should have discovered the theft sooner and the case was barred by the statute of limitations.

Sep. 09, 2014

Warrant to Track Suspect’s Cell Phone Met Constitutional Requirements

In the second of two recent cases involving cell phone tracking by police, the Wisconsin Supreme Court has ruled that a warrant order allowing police to track a suspect’s cell phone met state and federal constitutional requirements.

Sep. 02, 2014

Post-Daubert: Testimony on Back Extrapolation of Alcohol Level Still Admissible

Based on a “back extrapolation,” a toxicologist concluded that Todd Giese’s blood alcohol concentration was close to triple the legal limit when he crashed his car about four hours before the actual blood was drawn by a medical technician.

Sep. 01, 2014

Children in School:
Bullying: Fighting Back

Bullying in school is particularly hard to combat, because children generally do not have the option of avoiding the problem by changing locations. Read how schools, parents, and communities are fighting back against bullying.

Aug. 29, 2014

Deeply Divided Court Rules in Warrantless Cell Phone Tracking Case

The Wisconsin Supreme Court has upheld the conviction of a murderer, despite an argument that evidence in the case should have been suppressed because police tracked the suspect’s cell phone location to find him without a warrant.

Aug. 28, 2014

Appeals Court Says Motor Bicycle was Subject to Drunk Driving Laws

A “motor bicycle” is a bicycle with a motor. Riders can still pedal the bicycle in the traditional sense, but a motor option can be triggered at will. Recently, a state appeals court ruled that a motor bicycle was subject to drunk driving laws.

Aug. 27, 2014

Supreme Court: Defendants Did Not Clearly Invoke the Right to Remain Silent

The Wisconsin Supreme Court has upheld the convictions of two defendants who argued that their incriminating statements to police should have been suppressed because they properly invoked a right to remain silent.

Aug. 19, 2014

Institutions, Not Just Natural Persons, Can Seek Harassment Injunctions

Institutions are protected under Wisconsin’s harassment injunction statute, the Wisconsin Supreme Court has ruled, denying Jeffrey Decker’s claim that only natural persons can seek injunctions to stop harassment by an individual.

Aug. 18, 2014

Evidence of Prior Sexual Conduct with Sexual Assault Victim Not Allowed

A unanimous Wisconsin Supreme Court has ruled that the state’s rape shield law barred a defendant from introducing evidence of prior sexual conduct with the complainant he was accused of sexually assaulting, reversing the lower appeals court.

Aug. 14, 2014

Supreme Court: Identity of Confidential Informer Remains Confidential

Aug. 14, 2014 – The identity of a confidential informant will not be disclosed, the Wisconsin Supreme Court has ruled, despite a criminal defendant’s motion for an in camera review of expected testimony to determine what the informant knew.

Aug. 11, 2014

Passenger Did Not Withdraw Driver's Consent to Search Passenger's Briefcase

When searching a car with the driver’s consent, police found a briefcase. The briefcase owner, passenger Derik Wantland, asked whether police had a warrant to open it. Recently, the Wisconsin Supreme Court ruled (4-3) that police didn’t need one.

Jul. 31, 2014

Supreme Court Affirms Harmless Error Review of Defendant’s Right to Testify

July 31, 2014 – The Wisconsin Supreme Court, in a 5-2 majority (with one concurrence), affirmed the court of appeals in applying a harmless error review to a circuit court’s refusal to let a defendant testify on her own behalf at trial, finding that the trial court’s denial was a harmless error.

Jul. 29, 2014

Court Uses Harmless Error Analysis to Resolve Fatal Drunk Driving Case

After the car that Luis Rocha-Mayo was driving collided with a motorcyclist, resulting in the motorcyclist’s death, an ER nurse administered a preliminary breath test on Rocha-Mayo. Recently, the state supreme court said it was harmless error to admit the results.

Jul. 17, 2014

Supreme Court: Police Traffic Stop Based on Questionable Tail Light was Illegal

Two Milwaukee police officers stopped a vehicle for a faulty tail light. Upon a search of the vehicle, they found a gun. Recently, the Wisconsin Supreme Court overturned a defendant’s resulting gun conviction because the police stop was illegal.

Jul. 14, 2014

Wisconsin Supreme Court Upholds Reversal of Murder Conviction

The Wisconsin Supreme Court has upheld the reversal of Raphfeal Myrick’s conviction for first-degree intentional homicide as a party to the crime because his preliminary hearing testimony against someone else was wrongly used against him.

Jul. 10, 2014

Supreme Court Upholds New Law: Hearsay Okay at Preliminary Hearings

The Wisconsin Supreme Court has voted 6-1 to uphold a new law that allows the use of hearsay at preliminary examinations in felony criminal cases.

Jul. 01, 2014

No Due Process Violation Despite Destruction of Blood Sample, Court Says

Recently, a 2-1 appeals court majority found no due process violation related to the destruction of a defendant's blood sample before the filing of related charges. However, a dissent and concurrence suggest the process is flawed.

Jun. 24, 2014

Chime in: Judicial Council Subcommittee Looking for Feedback on Criminal Discovery Process

Help the Judicial Council Criminal Procedure Subcommittee craft revisions to the criminal discovery process. The subcommittee will meet on July 15, and is encouraging interested individuals to appear in person or submit written materials.

Jun. 16, 2014

Resentencing Did Not Violate Double Jeopardy, Supreme Court Says

A Wisconsin Supreme Court majority recently ruled that a defendant’s constitutional protection against double jeopardy was not violated when the circuit court extended her sentence the day following her sentencing hearing.

Jun. 13, 2014

Conviction for Sawed-Off Shotgun Sticks in Search and Seizure Case

Although police may have “broken the threshold” of a Racine apartment while following leads without a warrant, Cordarol Kirby is still on the hook for the sawed-off shotgun police found in a backpack inside the apartment.

Jun. 04, 2014

Wisconsin’s New OWI Law: Four Years Later

June 4, 2014 – In this article, Glendale OWI defense attorneys Andrew Mishlove and Lauren Stuckert discuss Wisconsin’s new OWI law and the impacts and trends since enactment in 2010.

May 30, 2014

Chicago Police Torture Scandal Revisited: Victim Cannot Relitigate Civil Case

May 28, 2014

Judicial Council Criminal Procedure Subcommittee Seeks Input on Preliminary Hearings

The Judicial Council Criminal Procedure Subcommittee is scheduled to hear testimony from interested persons on June 17 and July 15. Topics up for discussion include preliminary hearings and discovery.

May 27, 2014

Supreme Court: Expunction Decision Must Be Made at the Time of Sentencing

Circuit courts have discretion to order or deny the expunction of a young defendant’s criminal record upon successful completion of the sentence, but that decision must be made at the sentencing stage, not after successful completion.

May 16, 2014

Federal Appeals Court Allows Wisconsin Child Sex Offender's Habeas Case to Proceed

May 16, 2014 – A Wisconsin appeals court applied a rule of law at odds with controlling U.S. Supreme Court precedent, a federal appeals court has ruled, meaning a Wisconsin prisoner is now entitled to proceed on his habeaus corpus petition for relief.

May 05, 2014

Seventh Circuit Upholds Conviction Against Hare Krishna Temple Leader

Sargarsen Haldar, leader of a Hare Krishna temple in Milwaukee, was accused and convicted for illegally obtaining religious worker visas for people who were not religious workers. Recently, a federal appeals court rejected his appeal.

May 01, 2014

Racketeering Conspiracy Conviction Counts as First Drug Offense, Court Says

A state appeals court has upheld a second offense cocaine possession conviction, despite the defendant’s argument that a prior conviction under the Racketeer Influenced and Corrupt Organizations Act (RICO) did not involve controlled substances.

Apr. 28, 2014

Supreme Court Adds Nine Cases to Its Docket, Including Dog Bite Case

The Wisconsin Supreme Court has added nine cases to its docket, including five criminal cases and a dog bite case to determine whether a property owner can be liable for dog bites by dogs they don’t own on property they don’t possess.

Apr. 25, 2014

Warrantless Installation of GPS Tracker on Car Okay At the Time, Court Says

It was legal for police to install a GPS device on Scott Oberst’s car without a warrant in order to track his whereabouts, even though it’s illegal now. Thus, an appeals court upheld a decision to deny Oberst’s motion to suppress evidence.

Apr. 22, 2014

Wisconsin Legislature Closes the Books on the 2013-2014 Session

Now that the state Senate and Assembly have adjourned, the State Bar takes an inside look at the 2013-2014 legislative session.

Apr. 18, 2014

OWI Defendant with Prior Arrests in Illinois Gets One Tossed, the Other Sticks

A Walworth County man charged and convicted for a fifth offense Operating While Intoxicated (OWI) partially won and partially lost his appeal to keep prior dispositions from Illinois out of the equation for calculating enhanced penalties.

Apr. 11, 2014

Time is Running Out, 200 Volunteers Still Needed for National Mock Trial

The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.

Apr. 01, 2014

Appeals Court Clarifies Sentence Credit in Parole Revocation Case

A state appeals court recently clarified the proper application of sentence credit in parole revocation cases while concluding that one man's credit for time served was properly applied to his remaining parole period, not his reincarceration period.

Apr. 01, 2014

10 Questions
Jessa Nicholson: On Defending an Unpopular Client in a High-Profile Trial

Jessa Nicholson imparts lessons learned about media coverage, jury selection, and defense strategies while defending an unpopular client in a high-profile criminal trial.

Mar. 31, 2014

Anti-Abortion Arsonist Who Torched Planned Parenthood Loses Appeal in Federal Court

Francis Grady, who in 2012 set fire to a Planned Parenthood in Grand Chute, Wisconsin and was convicted on arson and intentional property damage charges, recently lost his appeal to the U.S. Court of Appeals for the Seventh Circuit.

Mar. 28, 2014

Lend Your Legal Expertise to 2014 Legislative Council Special Study Committees

Attorneys are encouraged to volunteer to serve on newly created Legislative Council study committees. These special study committees provide a unique opportunity for legislators and members of the public to work collaboratively and deliberatively in the development of legislative solutions to complex issues.

Mar. 28, 2014

Prison Inmate Right on Ex Post Facto Issue, State Appeals Court Says

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.

Mar. 27, 2014

Supreme Court Clarifies Controlling Law on Therapy Record Reviews

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.

Mar. 26, 2014

Criminal Procedure Code Rewrite: Seeking Input for 2015 Bill

Assembly Bill 383 represents the 20-year-plus project of the Wisconsin Judicial Council to rewrite the state's criminal procedure code. Drafters are reaching out to key stakeholders in the criminal justice system to develop a revised version of the bill.

Mar. 26, 2014

Have Your Day in Court: Volunteer to Help with National Mock Trial

Want to help high school students have the experience of a lifetime? Volunteer to serve as a member of a judging panel or general volunteer during the 2014 National High School Mock Trial Championship in Madison from May 6 to 10.

Mar. 24, 2014

No Evidence Suppression for Strip Search Law Violations, Appeals Court Says

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.

Mar. 19, 2014

The Disappearing Jury Trial: Implications for the Justice System and Lawyers

March 19, 2014 – For the past 30 years, jury trials have steadily declined in both federal and state courts. Why is this happening, and how does it impact lawyers and the justice system? This article explores the “disappearing jury trial” with perspectives from two trial attorneys.

Mar. 19, 2014

Bill Expands Preconviction Strip Search Authority in Wisconsin Jails

March 19, 2014 – A proposed bill allows jails to strip search arrested persons who will be jailed in general population for more than 12 hours. The bill is grounded under a recent U.S. Supreme Court decision, but the State Public Defender has voiced its concern.

Mar. 18, 2014

Pocket Pat Not Enough for Terry Stop, State Appeals Court Says

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.

Mar. 13, 2014

Seventh Circuit Appeals Revisits 15-Year-Old Plea Dealings in Murder Case

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.

Mar. 12, 2014

OWI Offender Loses Equal Protection Appeal to Exclude Illinois Convictions

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.

Mar. 11, 2014

The Verdict is In: Rhinelander Mock Trial Team Advances to Nationals

Rhinelander High School captured its 17th high school mock trial state title yesterday after defeating Shorewood High School in a very close final round judged by six members of the Wisconsin Supreme Court. The team will now advance to the National High School Mock Trial Tournament, May 8-10 in Madison.

Mar. 10, 2014

Plea Withdrawal in Child Abuse Case Would Substantially Prejudice the Prosecution

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.

Mar. 05, 2014

Keep Current on Criminal Defense, with PINNACLE’s Latest Supplement to the Wisconsin Criminal Defense Manual

March 5, 2014 – State Bar of Wisconsin PINNACLE® has released the latest supplement to the Wisconsin Criminal Defense Manual. This article presents some recent cases that make this a book that should be on every lawyer’s shelf.

Mar. 05, 2014

Crime and Criminal Law Research: Look Beyond Case Law

March 5, 2014 – There are several online crime and criminal resource websites, including guides, statistics, and crime data, that you may want to visit the next time you are conducting criminal law research.

Mar. 05, 2014

State Bar of Wisconsin Supports Proposed Expungement Bill

March 5, 2014 – The State Bar of Wisconsin supports a bill – Assembly Bill 818 – which clarifies that sentencing courts can order the expunction of a young person’s criminal record at any time, not just at the time of sentencing.

Mar. 04, 2014

Seventh Circuit Upholds Jury Instruction in Pretrial Detainee's Excessive Force Case

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.

Feb. 28, 2014

Wisconsin Supreme Court Accepts Three New Criminal Cases

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

Disorderly Conduct Conviction Bars Concealed Carry Permit

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.

Feb. 26, 2014

Court Provides Guidance on Bifurcated Sentences Involving Penalty Enhancers

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.

Feb. 21, 2014

Evidence Still Admissible at Trial if Blood Alcohol Testing Analyst Unavailable, for Now

In a case that “raises a recurring and unsettled question of law,” a state appeals court has ruled that evidence of a driver’s blood alcohol level is still admissible even if the analyst who did the testing is unavailable to testify.

Feb. 18, 2014

Appeals Court Upholds Murder Conviction, Hospital Statements Made Voluntarily

Stanley Bullock was in the hospital with stab wounds when police asked him to explain what happened. Recently, a state appeals court ruled that Bullock made statements voluntarily and they could be used in a murder trial against him.

Feb. 17, 2014

Give 17-Year-Olds a Second Chance: Contact Your Legislator

Help the State Bar of Wisconsin send a bill to the governor’s desk, which would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

Feb. 14, 2014

Sweet 16: High School Mock Trial Teams Advance to State Tournament, Winner Hosts Nationals in Madison

Students from 16 Wisconsin high schools recently advanced to the State Bar of Wisconsin’s 31st Annual High School Mock Trial State Tournament, a two-day event that starts March 9 at the Dane County Courthouse in Madison.

Feb. 11, 2014

State Supreme Court Accepts 10 Cases, Including One on Mortgage Assignments

Do your clients include borrowers, lenders, or businesses that rely on the services of the Mortgage Electronic Registration System (MERS)? If so, you may want to keep your eye on a case that is headed to the Wisconsin Supreme Court.

Feb. 04, 2014

Onus on Defendant to Timely File for Ordered Expungement, Appeals Court Clarifies

Although sentencing judges may order expungment of a criminal conviction when sentencing conditions are satisfied, a defendant still must take affirmative steps to clear the record, a state appeals court majority has ruled.

Feb. 03, 2014

Jury Not Required to Agree on Sexual Assault Location, Supreme Court Says

The Wisconsin Supreme Court has upheld the conviction of Darryl Badzinski for sexual assaulting a child, despite Badzinski’s argument that the jury was allowed to speculate beyond the evidence and violated his due process rights.

Jan. 24, 2014

Supreme Court Clarifies Character Evidence Rules in Homicide Case

Defendant Curtis Jackson didn’t know Angelo McCaleb before shooting him dead on a November night in 2008. But Jackson argued that McCaleb had a violent character, on display that very evening, and he only acted in self-defense.

Jan. 17, 2014

Second Chance Bill Gains Momentum, Links Former Governors

A State Bar of Wisconsin-backed bill that would return nonviolent 17-year-olds to juvenile court jurisdiction is making headway in the legislature and the political sphere with newly announced supporters and a unanimous vote of passage out of a senate committee.

Jan. 14, 2014

Appeals Court Upholds 15-year-old’s Murder Confession as Voluntary

Raheem Moore, a 15-year-old, argued that he was too young and dumb to voluntarily confess to murder. But a state appeals court recently ruled that Moore was smart enough to make that confession, and police did not coerce it out of him.

Jan. 10, 2014

Judges Needed As State Bar Prepares for Mock Trial Regionals

More teams have signed up to participate in the Wisconsin High School Mock Trial Program than in previous years. This year, 111 teams will compete in the mock trial regional tournaments.

Jan. 10, 2014

Milwaukee Bank Robber Loses Federal Appeal on "Dye Pack" Testimony

Robert Brown, convicted in 2011 for robbing a bank in Milwaukee, recently lost his federal appeal despite arguing that a detective gave expert testimony concerning “dye packs” but it was improperly allowed as lay testimony.

Dec. 27, 2013

Defendant is an Adult Now but Sex Assault Case Must Go Back to Juvenile Court

Cody Phillips was under age 15 when he allegedly used force to sexually assault a child. Recently, a state appeals court ordered his plea withdrawn and said the case must go back to juvenile court even though Phillips is now an adult.

Dec. 20, 2013

Wisconsin Supreme Court Adds 13 Cases, Including Challenges to Voter ID Law

The Wisconsin Supreme Court recently added 13 new cases to its docket, including two related cases that challenge a state law, enacted in 2011, requiring Wisconsin citizens to show photo identification to vote in elections.

Dec. 19, 2013

Intrastate Detainer Act Subject to Speedy Trial Exception, Appeals Court Clarifies

A circuit court dismissed homicide and other felony charges against Malcolm Butler because he did not receive a trial within 120 days. But a state appeals court recently ruled that Butler’s trial was properly delayed for good cause.

Dec. 18, 2013

New and Revised Mandatory Court Forms: Civil, Criminal, Juvenile, and Small Claims Forms

Dec. 18, 2013 – The Wisconsin Records Management Committee updated or introduced 29 civil, criminal, juvenile, and small claims forms. Forms became effective Sept. 12, 2013.

Dec. 16, 2013

Wisconsin Man Defrauded Small Claims Court, Mail Fraud Conviction Sticks

A federal appeals court has upheld a 50-count mail fraud conviction against Bernard Seidling, who sent false documents to Wisconsin’s small claims courts to obtain default judgments against defendants who were never served.

Dec. 12, 2013

Woman Who Stole Nearly $500K from Employer Cannot Withdraw Plea

A woman who stole nearly 300 times from her employer totaling about $500,000 over a six-year period cannot withdraw her plea, as a state appeals court has rejected the claim that the charges against her were duplicitous and multiplicitous.

Dec. 10, 2013

Fiedler Appears on Madison Magazine TV Show in Support of Second Chance Bill

In this video, Madison Magazine: The TV Show host Deana Wright interviews State Bar of Wisconsin President Patrick J. Fiedler about the Second Chance Bill, a proposal that would return nonviolent, first-time 17-year-old offenders to juvenile court jurisdiction.

Dec. 10, 2013

Give Back, Volunteer to Judge at National Mock Trial Championship

Want to refine your courtroom skills and delivery? Looking at procedure and performance from a different perspective, like that of a judge, can be very helpful, and the State Bar of Wisconsin has a perfect opportunity to do just that. You can take the bench while volunteering as a judge at the National High School Mock Trial Championship in Madison from May 8 to 10.

Nov. 26, 2013

Large Donations Push National Mock Trial Championship Closer to Fundraising Goal

With several donations coming in over the past few weeks, the State Bar of Wisconsin’s National Mock Trial program is well on its way to achieving its ultimate fundraising goal of $200,000. To date, the State Bar has raised $138,000.

Nov. 25, 2013

State Appeals Court Lets New John Doe Investigations Proceed

Three unnamed targets of John Doe investigations allegedly pending in five counties have failed to temporarily halt those investigations, as the District IV Wisconsin Appeals Court has denied a motion to stay further action in the secret probe.

Nov. 19, 2013

Newer Standard for Expert Testimony Does Not Apply in Commitment Case

The heightened standard for the admissibility of expert testimony, which took effect in 2011, does not apply to a commitment case that was a mere continuation of the underlying action that began in 2004, a state appeals has clarified.

Nov. 14, 2013

Therapist’s Conviction for Sex Exploitation Sticks Despite Evidence Errors

A therapist who was convicted for having sexual contact with patients in violation of state law has lost his appeal, despite an appeals court ruling that two former patients were not allowed to testify as to other acts evidence.

Nov. 13, 2013

Search of Wisconsin Suspect’s Mexico Home was Legal, Appeals Court Rules

Mexican and U.S. authorities searched Jack Johnson’s residence in Mexico without a warrant and found a computer that linked him to a murder-for-hire plot in Wisconsin. Recently, a state appeals court ruled that the search was lawful under the U.S. Constitution.

Nov. 05, 2013

Fiedler Goes 'On the Record' About Juvenile Justice

In this video, State Bar of Wisconsin President Patrick J. Fiedler talks to WISC-TV’s “For the Record” host Neil Heinen about juvenile justice and a bill that would return nonviolent, first-time juvenile offenders to juvenile court jurisdiction.

Oct. 24, 2013

Donate Today to Help State Bar Reach National Mock Trial Fundraising Goal

After a strong start, the State Bar of Wisconsin's fundraising thermometer for the 2014 National Mock Trial Championship rests at $83,000, which is less than 50 percent of the necessary $200,000. Despite the stagnant funds, Wisconsin's National Mock Trial Executive Committee remains hopeful that they will reach their goal.

Oct. 18, 2013

DNA Testing After Conviction: Supreme Court May Decide Who Pays

Convicted of felony murder and sentenced to 60 years in prison, Charles Hennings maintains his innocence. And he wants taxpayers to pay for a DNA test that might prove someone else committed the crime for which he’s doing time.

Oct. 01, 2013

Second Chance Bill Slated for Public Hearing in Assembly Corrections

Members of the public will have an opportunity to voice their opinions on the Second Chance Bill – a State Bar of Wisconsin-backed initiative that would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction – during a public hearing.

Sep. 25, 2013

Criminal Procedure Code Sees New Light, After Decades in Dark

Members of the State Bar of Wisconsin are closely monitoring a newly introduced bill that would reorganize most chapters of the criminal procedure code, as well as create new authority for courts and codify some current practices.

Sep. 25, 2013

Judges, Court Staff: Jurors Integral to Success of Court System

Judges and court staff from across the state are going to great lengths this month to recognize local jurors in honor of Juror Appreciation Month.

Sep. 24, 2013

Judge's Immigration Warning Was Sufficient, Appeals Court Rules

Wisconsin law requires courts to give defendants an “immigration warning” before accepting a plea deal, with specific language that must be used to warn a defendant that deportation can result from guilty or no contest pleas.

Sep. 16, 2013

Plea Deal Sticks in Securities Fraud Case, Appeals Court Rules

James Hudson lied to induce victims to give him substantial amounts of money for his country music career. Now, Hudson will be singing the blues in prison, as a state appeals court upheld a plea deal that puts Hudson behind bars for six years.

Sep. 13, 2013

Mortgage Fraud Fallout: Federal Appeals Court Rules on “Liar Loans”

One Wisconsin couple escaped, another did not in a pair of recent mortgage fraud rulings relating to loans peddled by the same scamming mortgage broker, accepted by the same unethical bank, and obtained with false statements.

Sep. 11, 2013

State Bar Supports Returning Nonviolent 17-Year-Olds to Juvenile Court

The State Bar of Wisconsin supports a bill currently being circulated that would give first-time nonviolent 17-year-old offenders a second chance by sending them back to juvenile court.

Sep. 11, 2013

State Bar President Stands Up for Second Chance Bill at News Conference

In this video, State Bar of Wisconsin President Patrick J. Fiedler gives remarks during a Sept. 5 news conference in support of a bill that would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

Sep. 06, 2013

State Bar President Fiedler Says it’s Time to Give Nonviolent 17-Year-Olds a ‘Second Chance’

State Bar of Wisconsin President Patrick J. Fiedler gave remarks during a news conference yesterday in support of a bill that would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

Sep. 05, 2013

Preliminary Exam Testimony Not Allowed, Murder Conviction Reversed

A state appeals court has reversed defendant Raphfeal Myrick’s murder conviction because the state used Myrick’s preliminary examination testimony against a co-defendant in its case-in-chief against Myrick, a violation of evidence rules.

Sep. 01, 2013

101: Deposition Techniques: Get Your Ducks in a Row

Explain the process. Listen to the witness. Keep your cool. Kara Burgos, Andrew Hebl, and Eric Ryberg present these and other tips for successfully deposing witnesses.

Sep. 01, 2013

DNA Extraction on Arrest: Maryland v. King and Wisconsin’s New Extraction Law

Law enforcement officers now must obtain DNA samples from all persons arrested for felonies, but questions remain as to the law’s constitutionality in practice, despite a U.S. Supreme Court decision unholding a Maryland law against a Fourth Amendment challenge.

Sep. 01, 2013

Doing Business Overseas? Don’t Run Afoul of U.S. Foreign Corruption Laws

A company doing business outside the United States might be tempted to rely on the knowledge of local business people and agents, but doing so without caution and policies in place might result in the company violating the Foreign Corrupt Practices Act – a U.S. law that bars bribing foreign officials.

Sep. 01, 2013

Final Thought: Pay Progression for Public Sector Attorneys: Progress in the Right Direction

Better pay for ADAs is a good step, but John Skilton says equal justice requires similar support in both our criminal and civil justice systems.

Aug. 28, 2013

State Bar Prepares for Busy Fall Legislative Session

The Wisconsin Legislature returns to work this fall with a heavy agenda to close out the 2013 session. The fall session will span over three months and will include floor periods in September, October and November.

Aug. 21, 2013

Human Trafficking: Milwaukee Prosecutors Want Stronger Law, Propose Changes

Aug. 21, 2013 – Human trafficking is on the rise in Wisconsin, and Milwaukee is a heavy recruitment city for pimps looking to traffick young women as prostitutes. Now, Milwaukee prosecutors are seeking changes to get more human traffickers off the streets.

Aug. 16, 2013

Field Sobriety Tests Not Always Required in OWI Cases

A state appeals court recently affirmed that drunk driving is ill-advised, especially after an officer specifically says it’s not advisable, and offers a ride home.

Aug. 15, 2013

Appeals Court Says Traffic Stop Was Over, Dog Sniff Unconstitutional

Police stopped a man for expired plates and issued a warning. But then the officer conducted a dog sniff, uncovering marijuana. Recently, a state appeals court overturned the man’s conviction for possession of marijuana with intent to deliver.

Aug. 12, 2013

Wisconsin Supreme Court Issues 98 Opinions in 2012-13 Term

The Wisconsin Supreme Court largely wrapped up its 2012-13 term, issuing 31 opinions in July. In total, the court issued 98 opinions this term. This article highlights some of the major decisions of the term, both criminal and civil.

Aug. 07, 2013

Wisconsin Supreme Court Adopts Time Limit on Suspect’s Asserted Right to Counsel

Andrew Edler, a suspected arsonist, twice invoked his right to counsel during separate police interrogations before incriminating himself. Recently, the state supreme court ruled that Edler’s incriminating statements were rightfully suppressed.

Jul. 24, 2013

Learn About the Court System at Your Next Meeting or Event

Now that the State Bar of Wisconsin has introduced its new Our Courts Wisconsin program, groups are lining up to request that one or more of the presentations come to their city or county.

Jul. 24, 2013

Wisconsin Law Foundation Donation Kicks Off National Mock Trial Fundraising

The State Bar of Wisconsin is set to host the National Mock Trial competition next spring, and organizers of the event are pleased to announce that they have received the largest donation to date – $25,000 – from the Wisconsin Law Foundation.

Jul. 24, 2013

Milwaukee County Officials Keep Courthouse Running in Wake of Fire

In response to the recent electrical fire at the Milwaukee County Courthouse, several judges and staff members have been working around-the-clock to provide residents with much needed court system services.

Jul. 15, 2013

State Bar Members Deliver Successful Our Courts Program to Richland Center Audience

The State Bar of Wisconsin debuted one of its four Our Courts Wisconsin programs last week to community members at the historic Richland County Courthouse in Richland Center.

Jul. 15, 2013

Supreme Court Says No Plea Withdrawal for Teenager Who Shot Officers

An 18-year-old defendant pleaded guilty to attempted murder of two police officers, then moved to withdraw his guilty pleas after sentencing. Recently, the Wisconsin Supreme Court said Julius Burton cannot withdraw the pleas.

Jul. 08, 2013

Prayer Treatment Exception Does Not Immunize Parents In Child’s Death

In a case involving the death of an 11-year-old girl whose parents treated her illness with religious prayer, the state supreme court has clarified the state’s “prayer treatment exception” while upholding convictions for reckless homicide.

Jul. 01, 2013

State Bar Set to Unveil Our Courts Program This Month

The State Bar of Wisconsin will launch its first Our Courts program next month at the Richland Center County Courthouse.

Jun. 28, 2013

State Bar Launches Much Anticipated Our Courts Wisconsin at Historic Richland County Courthouse

Jun. 26, 2013

State Budget Will Have Varying Impact on Attorneys

Assembly Bill 40 – more commonly referred to as the “budget bill” – passed through both legislative houses last week with only a few technical changes to the governor’s original proposal. Now the bill heads to Gov. Walker, so he can sign the bill into law.

Jun. 25, 2013

Wisconsin Supreme Court Will Hear Cell Phone Tracking Case, Among Others

The Wisconsin Supreme Court has agreed to decide whether police can track a suspect’s whereabouts through court-ordered cell phone location data.

Jun. 21, 2013

Weekend Guest Gave Valid Consent to Search Laptop, Supreme Court Says

It was legal for police to enter Kenneth Sobczak’s home without a warrant to search and seize his computer when he wasn’t home because his girlfriend was a weekend guest and consented to the search, the state supreme court has ruled.

Jun. 20, 2013

Inmate Telephone Scammer Was Stealing Electricity from AT&T, Court Says

A prison inmate whose phone scam defrauded AT&T out of $28,000 recently lost his appeal to the Wisconsin Supreme Court.

Jun. 18, 2013

Fifth Amendment Does Not Save Probationer from Incriminating Statements

A defendant convicted on charges of child pornography recently lost his bid to suppress incriminating statements made to a probation officer, under a decision issued by the Wisconsin Supreme Court.

Jun. 11, 2013

Plea Agreement Not Breached Despite Police Request for Harsher Sentence

Two Milwaukee police officers asked the court to impose a maximum sentence against a defendant who shot at them, injuring one. Recently, a state appeals court ruled that such requests did not violate the defendant’s plea agreement.

Jun. 10, 2013

Fundraising Campaign Launched in Wisconsin for Massive National Mock Trial Event

Jun. 10, 2013

Fundraising Campaign Launched for Massive National Mock Trial Event

With the clock ticking and funds to be raised, Wisconsin’s National Mock Trial Fundraising Committee is launching a major donor campaign to support their efforts.

Jun. 06, 2013

State Budget Proposal Adds Plan for Commercial Bail Bond Program

Bail bondsmen, bounty hunters, and bail bond companies can operate in five Wisconsin counties, under a Republican-backed plan that was added to the proposed 2013-15 state budget yesterday by the legislature’s Joint Finance Committee.

Jun. 05, 2013

Joint Finance Committee Revises Pay Progression Position for Government Attorneys

Members of the Wisconsin Joint Finance Committee (JFC) reconsidered their position regarding pay progression for government attorneys in a motion early Wednesday morning.

May 31, 2013

Supreme Court Upholds Conviction for Eluding Police, Notes Faulty Jury Instruction

Defendant Courtney Beamon, accused of eluding police by vehicle in 2007, argued that he never accelerated to ditch officers in hot pursuit, and the jury instructions required the jury to find that he “increased the speed of the vehicle to flee.”

May 17, 2013

District II Court of Appeals Certifies Confrontation Clause Question on Expert Forensic Testimony

May 17, 2013 – The District II Court of Appeals has certified a case that pits Wisconsin case law against a series of recent – and controversial – U.S. Supreme Court decisions on the Confrontation Clause.

May 13, 2013

District II Court of Appeals: Defendants Can Enter Guilty Pleas without Understanding the Difference Between Felony and Misdemeanor

May 13, 2013 – In the first Wisconsin case to directly address the issue, the District II Court of Appeals decided on narrow grounds that a defendant does not need to understand whether the crime to which she is pleading is a felony or a misdemeanor.

May 08, 2013

Wisconsin Supreme Court Says Harmless Error Analysis Applies to Defendant Who Was Sentenced On Inaccurate Information

March 8, 2013 – The circuit court and the parties mistakenly believed that mandatory minimum applied; case remanded for resentencing.

May 03, 2013

Community Caretaker Exception Did Not Justify Search of Apartment After Domestic Disturbance Report

May 3, 2013 – District IV Court of Appeals reverses circuit court; officers’ search for possible victims not objectively reasonable.

May 01, 2013

Provisions Allowing Bail Bondsmen Could Be On the Horizon

May 1, 2013 – The State Bar’s Criminal Law Section believes proposed state budget bill provisions allowing commercial bail bondsmen to operate in Wisconsin is a bad idea.

May 01, 2013

As I See It: Expand Sentencing Options for Young Adults

Ken Streit & John Chisholm propose options for greater flexibility when sentencing 17-to-24-year-old offenders in appropriate cases.

Apr. 29, 2013

Supreme Court Alters Analysis of Bangert Plea Withdrawal Cases

April 29, 2013 – A defendant sought to withdraw his plea after sentencing because the circuit court understated the maximum sentence. The Outagamie County Circuit Court found harmless error and denied relief. On certification by the District IV Court of Appeals, the Wisconsin Supreme Court affirmed the circuit court, finding that the defendant knew the correct maximum sentence, and that the circuit court’s error was “an insubstantial defect” in the plea colloquy.

Apr. 13, 2013

Appeals Court Upholds OWI Conviction Despite Police Mistake

A police officer conducting a random registration check stopped a truck after misreading its license plate. Realizing the mistake, the officer approached the car to explain. The driver was drunk. Recently, a state appeals court upheld the defendant’s OWI conviction.

Apr. 01, 2013

Wisconsin Supreme Court Adds Six New Cases to its Docket

The Wisconsin Supreme Court has voted to accept six new cases – four criminal cases, one involuntary commitment case and one case involving an “absent witness” jury instruction delivered in a slip and fall trial in Milwaukee.

Mar. 28, 2013

In Marijuana Case, Judge Must Examine Whether Informant Should Testify

Defendant Jessica Nellessen was driving a car that contained nearly a pound of marijuana when police stopped the vehicle for an obstructed view. She wanted a confidential informant to testify about her innocence, but the trial court said no.

Mar. 27, 2013

Appeals Court Rejects Germantown Murder Defendant’s Arguments on Appeal

Mark Libecki was convicted of killing a coworker in Germantown 14 years ago. Recently, a state appeals court rejected his appeal for a new trial.

Mar. 21, 2013

Appeals Court Upholds Police Search of Attic and Cocaine-Filled Potato Chip Bag

Police officers who found cocaine and a gun in defendant Royce Wheeler’s attic obtained the evidence lawfully, a state appeals court has ruled.

Mar. 20, 2013

Legislation Would Require Fiscal Estimates on Criminal Penalty Bills

March 20, 2013 –The State Bar of Wisconsin has a long-standing public policy position in support of requiring fiscal estimates on legislation that enhances penalties and provides for prison and jail incarcerations.

Mar. 04, 2013

After U.S. Supreme Court Ruling, Outcome the Same for Milwaukee Man

Danny Turner was convicted in 2010 for distributing cocaine in Milwaukee, though he argued that it was a constitutional violation to let a crime lab supervisor testify in place of the actual crime lab chemist who tested the drugs.

Feb. 07, 2013

Seizure of Car for GPS Tracking Okay, Supreme Court Rules

Police did not violate the Fourth Amendment when they seized James Brereton’s car and placed a Global Positioning System (GPS) device inside the hood to track the car’s movements in real time, a Wisconsin Supreme Court majority has ruled.

Jan. 31, 2013

Search of Bedroom Constitutional Under Community Caretaker Exception

On suspicion that Juan Gracia crashed into a traffic pole with his car, police entered his home and bedroom without a warrant to determine if he was okay. Then they arrested him.

Jan. 30, 2013

Supreme Court: No New Trial Despite New Video Evidence

Twelve years after his conviction for armed robbery, Brian Avery argued that a digitally-enhanced video of the crime showed he was too tall to be the robber. But the Wisconsin Supreme Court recently ruled that Avery won’t get a new trial.

Jan. 29, 2013

Seating Wrong Juror Did Not Violate Defendant’s Constitutional Rights

A summons for jury duty can cause problems for fathers and sons who have the exact same name, live together, and have the same phone number. But a resulting conviction won’t necessarily be overturned if the wrong person shows up for jury duty.

Jan. 25, 2013

Defendants Lose Challenge to OWI Statute, First Offense Counts as Conviction

In prosecutions for subsequent drunk driving offenses, the state is not required to prove the elements of an underlying first offense to a jury beyond a reasonable doubt.

Jan. 18, 2013

Appeals Court Restricts "Blanket" Bail Programs, Downs Challenge to Bail Condition

In Waukesha County, all drivers charged with two or more drunk-driving offenses must attend alcohol treatment as a condition of bail. One defendant argued that imposing this program as a condition violates constitutional rights.

Jan. 16, 2013

New and Revised Mandatory Court Forms: Civil, Criminal, Guardianship, Juvenile, and Probate

Jan. 16, 2013 – The Wisconsin Records Management Committee updated or introduced 25 civil, criminal, guardianship, juvenile, and probate forms. Forms became effective Nov. 16, 2012.

Jan. 09, 2013

In Criminal Case, Supreme Court Upholds Confession Despite Alleged Police Coercion

Dennis Lemoine fessed up to sexually assaulting a five-year-old girl after police leaned on him with tactics Lemoine says were deceptive and coercive. But the Wisconsin Supreme Court recently affirmed Lemoine's conviction, ruling that police did not cross the line.

Dec. 06, 2012

Supreme Court May Hear Case Involving the Constitutional Right to a Public Trial

Dec. 6, 2012 – In separate criminal cases, the same trial judge excluded the public from the courtroom during jury selection. The defendants did not object. Now, the Wisconsin Supreme Court may decide the standard of review in such cases.

Nov. 29, 2012

Milwaukee Police Overstepped Legal Authority with Warrantless Search

Nov. 28, 2012

Persons Committed for Sexual Violence Must Have New Evidence for Discharge Hearing

Nov. 26, 2012

FBI Job Interview Leads to Criminal Charges; Federal Appeals Court Upholds Conviction

Nov. 21, 2012

Courts Must Hold Court Records for 75 Years to Address Firearm Restrictions

Nov. 21, 2012 – Circuit courts must retain court records and files for 75 years in guardianship and mental health cases in which a firearm restriction is ordered, under a newly adopted Wisconsin Supreme Court Rule. However, circuit courts can destroy paper records sooner if electronically stored.

Nov. 21, 2012

Wisconsin, U.S. Supreme Court Will Consider DNA at Arrest Law

Nov. 21, 2012 – Wisconsin may soon propose a law allowing police to take DNA samples from suspects at arrest. The U.S. Supreme Court may soon decide whether such laws are constitutional. This article explores the issue of DNA at Arrest laws, with insight from a criminal lawyer.

Nov. 16, 2012

Appeals Court: Failure to Move for Severance of Criminal Charges Not Prejudicial

Nov. 15, 2012

Field Sobriety Test Conducted at Trial Not a Fifth Amendment Violation

Nov. 14, 2012

Appeals Court Sends Miranda Case to Supreme Court for Review

Nov. 08, 2012

Wisconsin Appeals Court Downs First Amendment Challenge to Stalking Statute

Nov. 07, 2012

Tragedy Highlights Domestic Abuse in Wisconsin, Lawyers Can Help

Nov. 7, 2012 – The recent shooting in Brookfield highlighted a stark reality in Wisconsin: Domestic abuse remains a real problem with the potential for devastating consequences. As courts and domestic abuse agencies aim to break the cycle, lawyers can help victims remain safe.

Nov. 02, 2012

Three Strikes: Federal Court Upholds Life without Parole Sentence for Drug Dealer

Nov. 01, 2012

Top 12 2011-2012 Wisconsin Supreme Court Decisions

The article highlights 12 significant decisions issued by the Wisconsin Supreme Court during its 2011-12 term.

Oct. 30, 2012

Defendant Voluntarily Waived Trial Rights Despite Onset of Mental Illness

Oct. 24, 2012

Breath Test by Police at Probation Office not an Unlawful Police Search

Oct. 15, 2012

Administrative Error Did Not Discharge Probationer, Appeals Court Concludes

Oct. 02, 2012

Supreme Court to Hear Oral Arguments on Intermediate Arbitration Rulings

Oct. 01, 2012

Determining Reasonable Attorney Fees

Many Wisconsin statutes make it possible for prevailing parties to recover attorney fees from the opposing side. Recent changes, however, presumptively cap reasonable attorney fees at not more than three times the damages awarded and list factors a court must assess when making the award. Here is a look at how courts may interpret and apply the law.

Sep. 24, 2012

Passing Field-Sobriety Tests Did Not Negate Probable Cause to Make Arrest

Sep. 18, 2012

Disqualification Not Warranted Where Attorney Served as Counsel and Interpreter

Sep. 17, 2012

In Mortgage Fraud Case, Offset Value Based on Cash Recouped in Foreclosure Sale

Sep. 14, 2012

Police Had Reasonable Suspicion to Make Traffic Stop Based on Homeowner's Call

Sep. 01, 2012

Viewpoint: Jury Service - Through an Attorney's Eyes

Attorneys frequently are excused as jurors, so it isn't often we hear their perspective from the jury box. In recognition of September as Wisconsin's Juror Appreciation Month, here is one Wisconsin-licensed attorney's experience as a jury foreman in a recent Texas drunk-driving case.

Aug. 28, 2012

Conviction Reversed: Police Violated Suspect’s Constitutional Rights, Appeals Court Says

Aug. 21, 2012

Federal Court Sides with Detainee in Strip Search Case from Wisconsin

Aug. 17, 2012

Supreme Court Upholds Use of Dismissed Charges in Sentencing

Aug. 16, 2012

Supreme Court Overturns Court of Appeals on Miranda Rights Case

Aug. 15, 2012

Speech vs. Threats: Judging When Words Alone Are Enough to Prevent Potential Violence

Aug. 15, 2012 – The report that Wade Michael Page, the deadly shooter in Oak Creek, had previously recorded white supremacist music lyrics raises the legal question of whether law enforcement officers can take preventive action against such persons before they act, based solely on words and other expressions showing intent to harm others.

Aug. 13, 2012

Defendant Facing Deportation Can't Withdraw Guilty Plea, Supreme Court Says

Aug. 09, 2012

Failure to Inform Defendant of Mandatory Sentence Could Be Prejudicial

Aug. 08, 2012

August Wisconsin Lawyer Highlights Right to Counsel, Includes Feature: Are Law Schools Keeping Up?

Aug. 02, 2012

Vehicle Recovered But Car Thief Must Still Pay Restitution, Appeals Court Says

Aug. 01, 2012

SOS: Defendants' Right to Counsel

In Montejo, the U.S. Supreme Court ruptured long-settled law concerning interrogation of criminal defendants. The Wisconsin Supreme Court extended a lifeline to a defendant affected by the change but left unclear the durability of this means of legal recourse for future accused individuals.

Aug. 01, 2012

Juvenile Law: Ban on Mandatory Juvenile Life Sentences Does Not Impact Wisconsin Law

Aug. 1, 2012 – A Wisconsin law that allows, but does not require, a court to sentence a juvenile to life without parole for a homicide offense, is not overruled by a recent U.S. Supreme Court decision.

Jul. 31, 2012

Miranda Did Not Protect Suspect Whose Lawyer Showed Up, Supreme Court Rules

Jul. 27, 2012

Defendant's Vindictive Prosecution Argument Fails, Private Search Not Protected

Jul. 25, 2012

Wisconsin Appeals Court Okays New Trial in 25-year-old Murder Case

Jul. 19, 2012

Miranda Waivers Don't Override Immunity for Probationer's Compelled Testimony

Jul. 06, 2012

Wisconsin Supreme Court Accepts Ten New Cases, Including Faith-Healing Case

July 6, 2012 – The Wisconsin Supreme Court has voted to accept ten new cases, including a case involving two parents convicted of reckless homicide after using prayer to treat their 11-year-old daughter's diabetic condition over a two-day period in March 2008.

Jul. 03, 2012

Wisconsin Supreme Court Clarifies Interference with Child Custody Statute

July 3, 2012 – A Waukesha man convicted of sexual assault and other crimes against four teenage girls recently lost his appeal to the Wisconsin Supreme Court, which clarified the state's interference with child custody statute.

Jul. 02, 2012

Court Can Look Beyond Plea Hearing Transcript to Reject Plea Withdrawal

July 2, 2012 – Lee Cain, charged with growing multiple marijuana plants in his home, admitted to growing four at his plea hearing. He said five at his sentencing hearing.

Jul. 01, 2012

Wisconsin’s Concealed Carry Law: Protecting Persons and Property

Here is an in-depth look at the concealed carry law's provisions, how it applies in various property contexts, and practical ramifications and potential legal issues arising from the law's enactment.

Jun. 26, 2012

Drivers Who Refuse Chemical Testing Can Challenge Traffic Stop at Refusal Hearing

June 26, 2012 – A driver who refuses chemical testing for drugs and alcohol can still challenge the initial traffic stop at a "refusal hearing," according to a recent decision by the Wisconsin Supreme Court. For Dimitrius Anagnos, that ruling doesn’t help.

Jun. 19, 2012

Legislative Repeal of Early Release Provisions Not Grounds for Sentence Modification

June 19, 2012 – A prison inmate potentially impacted by Wisconsin's recent repeal of early release provisions won’t get a sentence modification, according to a state appeals court.

Jun. 18, 2012

Informant Evidence is Sufficient for Investigatory Stop, Supreme Court Says

June 18, 2012 – Information provided to police from several informants and police corroboration provided the requisite reasonable suspicion for an investigatory stop, according to a recent opinion by Wisconsin Supreme Court in State v. Miller.

Jun. 18, 2012

Are You at Risk for Cyber Attacks? Or Can You Snag the Phish Before the Phish Snags You?

June 20, 2012 – Cybercrimes, such as identity theft and stealing of account information, cost the country billions of dollars annually. No computer is beyond reach. To avoid becoming a victim, Kenosha Assistant District Attorney Angelina Gabriele offers some precautions.

Jun. 18, 2012

Statewide, Evidence-Based Strategies Next Step for Criminal Justice System, Report Says

June 20, 2012 – A report on Wisconsin's justice system says judges should continue using evidence-based tools to reduce recidivism, encourages more problem-solving courts.

Jun. 05, 2012

Appeals Court Upholds Sexual Assault Conviction in Teen Pregnancy Case

June 5, 2012 – A 17-year-old boy that got his 14-year-old girlfriend pregnant recently lost his appeal challenging a sexual assault conviction and 20-year sentence.

Jun. 01, 2012

Criminal Background Checks: The EEOC Changes the Landscape

June 6, 2012 – On April 25, the EEOC issued new enforcement guidance regarding use of criminal background checks and arrest/conviction disclosures in employment decisions. This guidance provides in-depth analysis of the disparate impact of arrest and conviction records on racial and ethnic minorities. Milwaukee attorney Geoff Trotier offers recommendations to employers on how to comply with this new information.

May 30, 2012

Court Commissioners Can Issue Search Warrants, Supreme Court Clarifies

May 30, 2012 – The Wisconsin Supreme Court recently rejected a criminal defendant's claim that circuit court commissioners do not have authority to issue search warrants.

May 29, 2012

Supreme Court Rejects Juvenile's Ex Parte Communication Argument

May 29, 2012 – It was not improper ex parte communication for a prosecutor to attend a meeting assembled to decide whether a 15-year-old should be prosecuted in adult court for armed robbery, the Wisconsin Supreme Court recently concluded.

May 23, 2012

Appeals Court Reverses Decision Denying Compensation for Wrongful Imprisonment

May 23, 2012 – A Milwaukee man convicted of prostitution, and later exonerated, will soon be compensated for the time he spent in jail, under a recent decision by a state appeals court.

May 07, 2012

Defendant Can’t Withdraw Guilty Plea After Appeal Waiver, Federal Court Clarifies

May 7, 2012 – A Wisconsin man who faced conspiracy to distribute cocaine and heroin charges pled guilty to a lesser charge. Recently, a federal court ruled he can't withdraw the guilty plea and go to trial.

Apr. 25, 2012

Supreme court hears argument against license revocation where police stop unlawful

April 25, 2012 – The Wisconsin Supreme Court recently heard oral argument to determine whether a person’s license to drive can be revoked if the person refuses chemical testing for operating while intoxicated (OWI), but police made an unlawful traffic stop.

Apr. 25, 2012

50-year Members: Boyle and McCann Share Unique History, Including Infamous Case

May 2, 2012 – Gerald Boyle and E. Michael McCann took center stage as the nation watched the Dahmer trial in 1992. They are among many lawyers who forged impressive careers in politics and law after taking the oath in 1962, and this year celebrate 50 years as State Bar members.

Apr. 24, 2012

Constitutional challenge to new childcare law fails at appeals court level

April 24, 2012 – A state appeals court recently upheld a law that prohibits those convicted of "fraudulent activity" involving public assistance from ever holding a childcare provider license, despite the argument that the law is not rationally related to the goal of protecting children.

Apr. 16, 2012

Appeals court rejects nonviolent felon's challenge to firearm possession statute

April 16, 2012 – A state law that prohibits all felons, even nonviolent ones, from possessing firearms is constitutional, according to a recent decision by a state appeals court.

Apr. 05, 2012

Unlawful police entry does not require suppression of evidence obtained outside home

April 5, 2012 – Following the U.S. Supreme Court's lead, the Wisconsin Supreme Court recently adopted a rule that allows courts to admit evidence obtained from a suspect, even after police unlawfully enter a residence to arrest the suspect.

Apr. 01, 2012

Catch It While You Can: Finding and Preserving Electronic Evidence

Evidence stored on computers and other electronic devices plays a role in an increasing number of client matters. Learn the steps you and a computer forensics examiner should take to quickly and completely capture such information.

Mar. 23, 2012

U.S. Supreme Court recognizes defendant's right to effective counsel in plea bargaining

March 23, 2012 – Last week, in two closely-related opinions, the U.S. Supreme Court (by 5-4 votes) affirmed the principle that criminal defendants have a right to the effective assistance of counsel during the plea bargaining process.

Mar. 13, 2012

Wisconsin Supreme Court: Defendant can still challenge jury trial waiver

March 13, 2012 – Defendant Jeffrey Sutton wasn't aware of all his rights when he waived a jury trial on an alleged misdemeanor retail theft charge. An appeals court foreclosed a challenge to the waiver. But recently, the Wisconsin Supreme Court reversed.

Mar. 05, 2012

Supreme court may decide whether legal bills subject to state's open records laws

March 5, 2012 – The Wisconsin Supreme Court has agreed to decide whether a law firm must disclose redacted portions of legal bills to a Juneau County newspaper under the state's open records laws. The case is one of four recently accepted for review during the current term.

Mar. 05, 2012

Proposed legislation allows hearsay evidence to overcome probable cause standard

March 7, 2012 – A proposed bill would let circuit court judges rely on hearsay to determine whether a felony charge should stick. In general, prosecutors support the bill, but defense attorneys oppose it. This article explains why.

Mar. 02, 2012

Retrial ordered: Jury must decide if the City of Milwaukee should pay $1.85 million award

March 2, 2012 – The estate of a man killed by a former Milwaukee police officer will have another opportunity to argue that the City of Milwaukee should pay the $1.85 million awarded to the man's estate.

Mar. 01, 2012

Lessons from Casper: Expanded Recovery for Injured Litigants

In Casper, the Wisconsin Supreme Court overruled existing state law to allow injured litigants to bring direct suits in Wisconsin courts against out-of-state insurance companies for a loss or injury that occurred in Wisconsin. The court also clarified considerations in seeking default judgments and confirmed that corporate officers may be held personally liable for their negligent acts.

Feb. 21, 2012

Wisconsin Supreme Court will hear case in which driver refused chemical testing

Feb. 21, 2012 – The Wisconsin Supreme Court may soon decide whether reasonable suspicion to stop a vehicle is an issue that can be raised at the "refusal hearing" stage when a person refuses chemical testing.

Feb. 16, 2012

U.S. Deputy Marshal loses federal appeals fight in Chicago mobster leak case

Feb. 16, 2012 – Adding to the storied storyline of the 2007 "Family Secrets" trial that brought down high ranking members of the Chicago mob, a federal appeals court ruled today that a U.S. Deputy Marshal was properly convicted for leaking information.

Feb. 14, 2012

Circuit courts do not have statutory authority to shorten probation terms

Feb. 14, 2012 – Wisconsin statute does not grant circuit courts authority to reduce a probation period, the Wisconsin Supreme Court has ruled. However, the supreme court did not resolve whether circuit courts have inherent authority to do so, leaving that possibility open.

Feb. 13, 2012

Legal proceedings: What is a John Doe investigation anyway?

Feb. 15, 2012 – As John Doe proceedings unfold in Milwaukee County, Madison criminal defense lawyer Marcus Berghahn explains what John Doe legal proceedings entail, how they are conducted, and why they are necessary.

Feb. 03, 2012

Police stop for missing license plate upheld, drug charge sticks

Feb. 3, 2012 – Drivers from other states that issue two license plates must display two license plates when they drive in Wisconsin, a Wisconsin appeals court recently clarified.

Feb. 02, 2012

Supreme court decides issues on presiding judges and family member jurors

Feb. 2, 2012 – A defendant who used a peremptory strike during jury selection to remove the circuit court judge's daughter-in-law from the jury pool won't get a new trial, the Wisconsin Supreme Court recently concluded.

Feb. 01, 2012

Nullification: A Jury's 'Secret' Power

Notorious trials draw scorn for jurors who decide the fate of criminal defendants. But jurors often are restricted in their deliberations; they are not told of their traditional power to decide both the facts and the justness of the law as applied in a particular case.

Feb. 01, 2012

The Ancient-Document Rule: Ancient Is Not as Old as You Think

Unavailable witnesses or ones with holes in their memories need not be barriers to the admission into evidence of documents more than 20 years old. These documents may be admitted using the ancient-document evidence rule instead.

Jan. 27, 2012

Guilty plea prevents further investigation in 1988 statutory rape case

Jan. 27, 2012 – A defendant who pled guilty to multiple counts of statutory rape nearly 25 years ago waived an argument that police destroyed rape kits in bad faith, a state appeals court recently concluded.

Jan. 09, 2012

Evidence supports conviction in reckless homicide case, appeals court concludes

Jan. 9, 2012 – Prescription drugs, alcohol, and a Porsche convertible was a deadly combination for Anreitta Geske, who was convicted on two counts of first-degree reckless homicide.

Jan. 04, 2012

New and revised mandatory court forms: civil, criminal, juvenile, and small claims

Jan. 4, 2012 – The Wisconsin Records Management Committee recently updated or introduced 23 civil, criminal, juvenile, and small claims forms.

Jan. 04, 2012

Wisconsin Supreme Court accepts 14 new cases, including collateral source payment case

Jan. 4, 2012 – The Wisconsin Supreme Court has accepted review of 14 new cases, including one examining whether evidence that a widow received a $1.4 million life insurance payout prejudicially impacted the medical negligence trial against three doctors.

Jan. 04, 2012

PINNACLE revises Wisconsin Judicial Benchbook series

Jan. 4, 2012 – The Wisconsin Judicial Benchbook series is among the best sellers of the State Bar of Wisconsin PINNACLE^™ publications. The 2011 revisions and supplements for each of the five criminal and traffic, civil, family, juvenile, and probate, guardianship and mental health volumes include statutory amendments and case law developments occurring since the 2010 supplements.

Jan. 04, 2012

PINNACLE revises Wisconsin Judicial Benchbook series

InsideTrack

Dec. 27, 2011

Probable cause standard different for .02 PAC cases, supreme court clarifies

Dec. 27, 2011 – The probable cause that police must obtain to legally breath test drivers is less onerous if the driver is subject to laws prohibiting a lowered alcohol concentration (PAC) level, the Wisconsin Supreme Court recently concluded.

Dec. 15, 2011

Wisconsin Supreme Court will decide whether Mexican national can withdraw guilty plea

Dec. 15, 2011 – A Mexican national who pled guilty to second-degree sexual assault of a child 18 years ago and served his prison sentence wants to withdraw his plea to avoid deportation. The Wisconsin Supreme Court, which accepted review of four new cases, will decide if he can.

Dec. 15, 2011

Mandatory reporting: Wisconsin makes changes to child abuse reporting laws

Dec. 21, 2011 – Individuals who are required to report suspicion of child abuse now have greater protections under a new law that took effect earlier this month. Milwaukee attorney Barry W. Szymanski advises lawyers who represent school districts or individuals subject to mandatory reporting requirements to take note of the changes.

Dec. 14, 2011

Appeals court clarifies scope of plain view doctrine in unlawful car search case

Dec. 14, 2011 – It was unlawful for a police officer to open opaque vials found "in plain view" while searching the defendant's van, a state appeals court has ruled. That means defendant Damon Sutton's conviction for possessing ecstasy with intent to deliver is reversed.

Dec. 01, 2011

U.S. Supreme Court ruling on life sentences for juveniles could overturn Wisconsin law

Dec. 7, 2011 – The U.S. Supreme Court will soon decide whether juveniles age 14 or younger can be sentenced to life without the possibility of parole for homicide. A ruling that such sentences are categorically unconstitutional could upend laws in 36 states, including Wisconsin.

Nov. 11, 2011

Trespasser liability: Wisconsin Legislature votes to codify existing law

Nov. 16, 2011 – A bill passed in both the Wisconsin Assembly and the Senate and awaiting Gov. Walker's consideration would preempt Wisconsin courts from adopting a unitary duty of care to trespassers. Currently, possessors of real property have no duty to trespassers, besides refraining from willful, wanton, or reckless conduct causing injury or death without justification.

Nov. 11, 2011

New trial awarded to defendant in frat party sexual assault case

Nov. 11, 2011 – A state appeals court says exclusion of certain testimony on hearsay grounds denied the defendant due process, denied his constitutional right to present a defense, and undermines confidence in his conviction.

Nov. 09, 2011

State appeals court clarifies law concerning passengers and roadside police stops

Nov. 9, 2011 – A passenger who asked to leave the scene of a traffic stop cannot suppress the drug evidence that was obtained after police prevented her from leaving.

Nov. 03, 2011

Despite trial counsel's errors, no new trial for sexual assault defendant, supreme court says

Nov. 3, 2011 – A criminal defendant convicted for sexually assaulting his stepdaughter won’t get a new trial despite his trial lawyer's missteps, the Wisconsin Supreme Court has concluded.

Nov. 01, 2011

Top 10 Wisconsin Supreme Court Decisions

The author highlights 10 significant decisions issued by the Wisconsin Supreme Court during its 2010-11 term.

Nov. 01, 2011

Top 8 Recent Wisconsin Federal Court Decisions

Federal court interpretations of Wisconsin law are of persuasive value to, but not binding on, Wisconsin courts, yet, they affect how Wisconsin law develops and is argued. Here is a look at eight significant Wisconsin federal court decisions interpreting Wisconsin law in 2010 and 2011, encompassing common law claims and statutory interpretations.

Oct. 26, 2011

Resentencing not an option under Grady where no sentencing guidelines exist

Oct. 26, 2011 – A Wisconsin Supreme Court case that requires a sentencing court to consider sentencing guidelines and make a record of that consideration does not apply as a basis for resentencing where no guidelines exist for the crime.

Oct. 21, 2011

Supreme court may decide whether newspaper can get conditional release records

Oct. 21, 2011 – A state appeals court has asked the Wisconsin Supreme Court to decide whether a conditional release plan concerning an institutionalized person is confidential and thereby exempt from Wisconsin’s open records law.

Oct. 18, 2011

Wisconsin appeals court downs defendant's challenge to DNA surcharge

Oct. 18, 2011 – A Wisconsin appeals court recently clarified a circuit court's authority to order a DNA surcharge against criminal defendants who have not previously submitted one.

Oct. 04, 2011

Photo enhancement technology gives armed robbery suspect a new trial

Oct. 4, 2011 – Brian Avery, convicted on armed robbery charges in the 1990s and sentenced to 30 years in prison, will get a new trial thanks to digital imaging technology not available at the time of his trial, a Wisconsin appeals court has ruled.

Sep. 19, 2011

Pilot wins first fight to appeal conviction for transporting drugs to Wisconsin

Sept. 19, 2011 – After blaming his attorney, the pilot convicted of flying a propeller plane packed with pot from California to Wisconsin may get a chance at appeal.

Sep. 19, 2011

Castle doctrine: Lawmakers considering law on self-defense in the home

Sept. 21, 2011 – Wisconsin lawmakers are currently considering legislation that would change Wisconsin's self-defense law in the context of home intrusions. But opponents, like the State Bar of Wisconsin's Criminal Law Section, warn of unintended consequences that could result.

Sep. 15, 2011

Hearing impaired juror heard enough to bar new trial, appeals court concludes

Sept. 15, 2011 – A hearing impaired juror could not hear parts of video testimony played in court during trial, but heard other testimony sufficient to bar a new trial, a Wisconsin appeals court recently ruled.

Sep. 01, 2011

The Pendulum Swings: No More Early Release

The pendulum of sentencing policy has swung back again in Wisconsin. 2011 Wisconsin Act 38, which became effective Aug. 3, signals a return to truth-in-sentencing by changing the state's criminal sentencing laws to eliminate or adjust many of the procedures that had allowed early release of certain inmates.

Aug. 31, 2011

Felony murder defendant gets new trial in light of new evidence

Aug. 31, 2011 – The District I Wisconsin Court of Appeals used its power of discretionary reversal to grant a new trial to Kenneth Davis, convicted and sentenced to 60 years in prison for felony murder.

Aug. 23, 2011

Inmate on hunger strike loses appeals battle to refuse force feeding

Aug. 23, 2011 – A prison’s medical staff can continue to restrain and force feed an inmate whose hunger strike poses an imminent danger to his health, a Wisconsin appeals court recently concluded.

Aug. 18, 2011

Civilly committed individual has burden to prove fitness for release

Aug. 18, 2011 – Persons deemed sexually violent have the burden to prove otherwise when seeking supervised release, the Wisconsin Supreme Court recently clarified.

Aug. 16, 2011

Advanced 'real time' GPS device okay to monitor subject, appeals court concludes

Aug. 16, 2011 – Placement of a "real time" Global Positioning System (GPS) device on the defendant's car was lawful, the District II Wisconsin Court of Appeals recently concluded.

Aug. 08, 2011

Colloquy not required for defendant to waive right to remain silent at trial

Aug. 8, 2011 – A criminal defendant has a constitutional right to testify that cannot be waived without an on-the-record colloquy. However, the Wisconsin Supreme Court recently ruled that the corollary right to not testify needn't be waived through colloquy on the record.

Jul. 29, 2011

Supreme court could decide Fourth Amendment issue relating to firearm searches

July 29, 2011 – The Wisconsin Supreme Court could decide whether a sentencing court can eliminate a person’s Fourth Amendment rights when it comes to searching for firearms during a period of extended supervision.

Jul. 28, 2011

Forensic evidence: Do criminal lawyers need science training on principles and methods?

Aug. 3, 2011 – The forensic science system has been a subject of debate in recent years, and pending legislation would make education on scientific principles required for lawyers and judges. As one criminal defense lawyer explains, science education isn't such a bad idea.

Jul. 21, 2011

Wisconsin Supreme Court divided on correct test to apply in juror bias case

July 21, 2011 – A jury convicted David Funk for sexually assaulting a child. After trial, he learned one of the jurors was sexually assaulted as a child, and moved for a new trial. But the Wisconsin Supreme Court, in a 4-3 decision, ruled that Funk won’t get one.

Jul. 18, 2011

Supreme court could decide if court commissioners can issue search warrants

July 18, 2011 – The Wisconsin Supreme Court could decide whether court commissioners have the power to issue search warrants. The District IV Wisconsin Court of Appeals recently certified the appeals case of State v. Williams, asking the supreme court to decide the issue.

Jul. 06, 2011

Newly revised Wisconsin Criminal Defense Manual now available

July 6, 2011 – One of the State Bar’s most valued resources just got better! The Wisconsin Criminal Defense Manual, an invaluable tool for criminal attorneys since 1981, now is available in a newly revised fifth edition.

Jul. 05, 2011

Supreme court clarifies role of arrest information in 'protective search' case

July 5, 2011 – Police can use arrest information, without knowing case dispositions, as a factor in determining whether someone could be armed and dangerous, the Wisconsin Supreme Court recently clarified.

Jun. 30, 2011

Wisconsin Supreme Court downs call for sentence credit after vacated plea agreement

July 1, 2011 – A recent Wisconsin Supreme Court decision adds a layer of consideration for criminal defense attorneys filing motions to withdraw plea agreements on a client's behalf.

Jun. 27, 2011

Statute of limitations applies to attempted first-degree intentional homicide

June 27, 2011 – The District III Wisconsin Court of Appeals recently held that a defendant cannot be prosecuted for attempted first-degree intentional homicide if the six-year statute of limitations period for felonies has expired.

Jun. 22, 2011

Nearby defendant not considered "physically present" to refuse warrantless search

June 22, 2011 – In shared dwelling cases, police cannot search a home without a warrant if a "physically present" tenant objects, even if the other physically present tenant consents. Recently, the Wisconsin Supreme Court held that a co-tenant in police custody outside the home is not physically present.

May 20, 2011

It is not unconstitutional to sentence a 14-year-old to life without parole, supreme court concludes

May 20, 2011 – The Wisconsin Supreme Court today ruled that sentencing a 14-year-old to life imprisonment without the possibility of parole is not cruel and unusual punishment.

May 19, 2011

Jury instruction did not unconstitutionally mislead the jury, supreme court concludes

May 19, 2011 – In examining whether a defendant showed "utter disregard for human life," the jury must weigh the evidence on the "totality of the circumstances" without assigning more or less weight to conduct that occurs before, during, or after an alleged crime occurs.

May 16, 2011

Dying declaration exception to hearsay rule still viable in Wisconsin

May 16, 2011 – The Wisconsin Supreme Court recently struck down a criminal defendant’s argument that dying declarations are no longer reliable and should not be admissible as an exception to the hearsay rule.

May 12, 2011

Alert: Wisconsin lawyers targeted in collaborative divorce agreement scams

May 18, 2011 – A client seeking legal representation to enforce a collaborative divorce agreement seems legitimate enough, but lawyers should be aware of a scam that nearly duped a local attorney out of approximately $250,000.

May 12, 2011

Right to counsel: Divergence of opinion leaves law unsettled in Wisconsin

May 18, 2011 – Recently, the Wisconsin Supreme Court could not agree on the correct analysis to employ when deciding whether police violate a charged defendant's right to counsel if the defendant has already retained counsel, but does not unequivocally ask for counsel during interrogation.

May 01, 2011

ID Theft: Think It Can’t Happen in a Law Firm?

Think again. Here is a look at law firms and their unique obligations to keep client information confidential in a world in which ID theft is committed on both the high end and the low end of the technology spectrum, and by random strangers and trusted employees – even in law firms.

Apr. 29, 2011

Exceptions won't save deputy's illegal entry into open garage, appeals court concludes

April 29, 2011 – A police officer who entered Ralph Davis’s open garage violated his Fourth Amendment rights, the District III Wisconsin Court of Appeals recently concluded.

Apr. 26, 2011

Sexual assault defendant won’t get a new trial, Wisconsin Supreme Court concludes

April 26, 2011 – Despite the defendant's argument that his case was not fully tried, a defendant convicted of sexually assaulting his 14-year-old niece won’t get a new trial, the Wisconsin Supreme Court recently concluded.

Apr. 25, 2011

Wisconsin Supreme Court accepts review of six new cases, including attorney sanctions case

April 25, 2011 – The Wisconsin Supreme Court accepted review of six new cases, including one that asks the court to decide whether appeals court judges violate due process by sanctioning lawyers for allegedly filing false certifications regarding an appendix to an appellate brief.

Apr. 20, 2011

Commitment petition not moot if subject of petition sent back to prison

April 20, 2011 – In a case of first impression, an appeals court recently concluded that commitment petitions for sexually violent persons do not become moot if the Department of Health Services doesn't have immediate power to take custody of those eventually committed.

Mar. 30, 2011

Defendant cannot use equitable estoppel to preclude criminal charges

March 30, 2011 – A criminal defendant who pled guilty to charges could not use equitable estoppel to preclude different charges that stemmed from the same incident, the District III Wisconsin Court of Appeals recently held.

Mar. 10, 2011

Criminal sentencing provisions could change under Gov. Walker's proposed budget bill

March 16, 2011 — Gov. Scott Walker's biennial budget proposes to repeal early-release mechanisms, such as positive adjustment time and the earned-release program, which eased rules established by truth-in-sentencing. This article summarizes the major changes proposed.

Mar. 01, 2011

The Daubert Standard in Wisconsin: A Primer

The legislature changed Wisconsin’s rules of evidence regarding lay and expert witness testimony. For all actions filed on or after Feb. 1, the Daubert reliability standard now applies. This primer discusses the Daubert evidence rules and focuses on the new foundational elements.

Feb. 28, 2011

Fish and game regulations do not insulate hunters from prosecution for animal cruelty

Feb. 28, 2011 – The act of hunting wild animals does not insulate hunters from laws against animal cruelty, the District IV Wisconsin Court of Appeals recently held.

Feb. 25, 2011

Other-acts evidence referenced in video admissible in child sexual assault case

Feb. 25, 2011 – The circuit court did not err in allowing the jury to hear about other-acts evidence referenced in a video interview with a four-year old child, the Wisconsin Supreme Court recently held in a 5-2 decision.

Feb. 01, 2011

Panning for Gold: Social Networking's Impact on E-Discovery

In seeking evidence when representing clients, attorneys must search where the evidence lies – and today, that often means searching online sources. The authors present practical recommendations and recent legal developments to help lawyers and clients understand how the use of social networking sites can affect a case.

Jan. 10, 2011

In homicide case, appeals court addresses doctrine of forfeiture by wrongdoing after Giles

Jan. 10, 2011 – A Wisconsin appeals court recently rejected defendant Mark Jensen's claim that certain evidence was improperly admitted for trial. Jensen was convicted in 2008 of first-degree intentional homicide after a jury found that he poisoned his wife, Julie Jensen, 10 years earlier.

Jan. 07, 2011

Supreme court may decide if juveniles 14-and-under can be sentenced to life without parole

Jan. 7, 2011 – In a case that has potential for U.S. Supreme Court review, the Wisconsin Supreme Court may decide whether sentencing children 14-and-under to life in prison with no possibility of parole is cruel and unusual under the Eighth Amendment.

Jan. 05, 2011

Appeals courts reel in community caretaker function, clarify law for vehicle searches

Jan. 5, 2011 – Two recent appeals cases clarify the law relating to warrantless searches of a home and vehicle. One case deals with the community caretaker exception. The other case deals with vehicle searches in light of a U.S. Supreme Court case restricting police authority.

Dec. 21, 2010

Corrections agency did not violate inmate's due process rights in prison riot case

Dec. 21, 2010 – The Wisconsin Supreme Court says that Darnell Jackson must stay in prison for six extra months based on an agency decision that he incited a riot at the New Lisbon Correctional Institution in November 2004.

Dec. 07, 2010

Appeals court employs "constructive entry" analysis to police arrest outside home

Dec. 7, 2010 – The District II Wisconsin appeals court looked to federal case law in determining whether police violated defendant's Fourth Amendment rights through "constructive entry" when they persuaded him to exit his home for questioning.

Dec. 02, 2010

Illinois Violators Get Enhanced Penalty Under OWI Laws, Wisconsin Violators Don't

Drivers with previous violations of the Illinois "no tolerance" law will face a harsher penalty for subsequent OWI violations in Wisconsin than ones with a previous violation of Wisconsin’s "absolute sobriety" law.

Nov. 30, 2010

Defendant loses argument for lesser-included offense in teenage drug overdose case

Nov. 30, 2010 – A court may impose multiple punishments in the event that a defendant is charged with both "contributing to the delinquency of a child with a death as a consequence" and "reckless homicide by delivery of controlled substance."

Nov. 29, 2010

Trial judges must sua sponte remove immediate family members from the jury pool

Nov. 29, 2010 – A trial court judge must sua sponte remove immediate family members from the panel of potential jurors in cases in which the judge is presiding, the District II Wisconsin appeals court recently held in State v. Sellhausen, 2010AP445-CR (Nov. 24, 2010).

Nov. 24, 2010

Milwaukee’s 'winter rules' ordinance opens door to police search of garbage can

Nov. 24, 2010 – A Milwaukee ordinance that allows garbage collectors to enter a homeowner's private property during winter allowed police to do the same, a panel for the U.S. Court of Appeals for the Seventh Circuit recently held.

Nov. 16, 2010

State did not violate constitutional rights when it destroyed murder suspect's van

Nov. 18, 2010 – The state did not violate the due process rights of a defendant, convicted for first-degree intentional homicide, when they allowed the van involved in the homicide to be destroyed before defendant could examine it, a Wisconsin appeals court recently held.

Nov. 11, 2010

Jury could decide whether police used excessive force with taser gun in man's death

Nov. 11, 2010 – A U.S. Court of Appeals for the Seventh Circuit panel has reversed a summary judgment ruling in favor of Mukwonago police that found an officer did not use excessive force when he shot a man multiple times with a taser gun and the man died at the scene.

Nov. 05, 2010

Despite constitutional violations, harmless error downs defendants in bank robbery case

Nov. 5, 2010 – Two defendants, convicted of crimes stemming from bank robberies in Madison, proved their constitutional rights were violated at trial in federal district court. But a U.S. Court of Appeals for the Seventh Circuit panel recently concluded the errors were harmless.

Nov. 04, 2010

Court may consider disputed allegations at probation revocation sentencing

Nov. 4, 2010 – Where a probationer does not meet his or her burden to show that a court relied on inaccurate information to impose a probation revocation sentence, the court may consider those allegations even if the probationer disputes them.

Nov. 03, 2010

Appeals court clarifies forfeiture by wrongdoing doctrine after Jensen and Giles

Nov. 3, 2010 – A Wisconsin appeals court recently clarified that a defendant loses his or her constitutional right to cross-examine an opposing witness if the defendant's conduct was intended to prevent the witness from testifying and that conduct was successful.

Nov. 01, 2010

Spoliation of Electronic Evidence

Given the volume of electronic data that is used as evidence in civil and criminal proceedings, it is only a matter of time before a Wisconsin court confronts the spoliation of electronically stored information. As Wisconsin prepares to implement its new e-discovery rules, it is important that attorneys and courts have a standard to follow in cases involving spoliation of e-evidence.

Nov. 01, 2010

Wisconsin circuit courts do not have statutory authority to reduce probation term

Nov. 1, 2010 – A statute that gives courts power to extend probation or modify probation terms does not grant authority to reduce a probation period, a Wisconsin appeals court recently held.

Oct. 21, 2010

Probationer's incriminating statements cannot be used to increase revocation sentence

Oct. 21, 2010 – Incriminating evidence derived from counseling sessions in which a probationer admitted past crimes involving sexual contact with children were inadmissible in determining the probationer's sentence after probation revocation.

Oct. 13, 2010

Supreme court will hear case involving life sentence of 14-year-old boy, among others

Oct. 13, 2010 – Among the 18 new cases slated for review by the Wisconsin Supreme Court is a high-profile case in which the court will decide whether sentencing a 14-year-old to life imprisonment constitutes cruel and unusual punishment.

Oct. 12, 2010

Appeals court clarifies alternative "testing" rights and obligations in OWI case

Oct. 12, 2010 – After taking a primary "blood, breath or urine" test, a person suspected of operating under the influence of drugs or alcohol has two options in choosing a second, alternative test. But the law does not require police to offer a third.

Oct. 11, 2010

Self-defense angle does not help driver charged with eluding police

Oct. 11, 2010 – A driver still "knowingly" flees or attempts to elude a traffic officer in violation of Wisconsin law even if police know the driver is en route to the police station, the district II Wisconsin Appeals Court recently held.

Oct. 07, 2010

Top 13 2009-10 Wisconsin Supreme Court Decisions

The author highlights 13 significant decisions issued by the Wisconsin Supreme Court during its 2009-10 term. Several of the decisions hinged on perceptions of whether certain evidence is in the record, and several cases involved legislative attempts to respond to the state’s fiscal crisis by moving or reducing statutory compensation funds.

Sep. 20, 2010

State’s delay to charge defendant in adult court infringed due process rights

Sept. 20, 2010 – A Wisconsin appeals court in Door County dismissed burglary and bail jumping charges against a defendant after finding the district attorney’s office intentionally delayed charging the defendant to avoid juvenile jurisdiction.

Sep. 17, 2010

Seventh Circuit Court of Appeals upholds law prohibiting drug users from possessing guns

Sept. 17, 2010 – The Second Amendment won't protect marijuana or other drug users from incurring a felony charge if they are caught possessing a gun, the U.S. Court of Appeals for the Seventh Circuit recently held.

Sep. 08, 2010

Business Records and Self-authentication: Together at Last

Wisconsin’s rules of evidence governing the admission of domestic and foreign business records allow for the admission of certified business records through self-authenticating declarations in certain circumstances. Learn how applying the rules can save parties substantial expense and inconvenience.

Sep. 08, 2010

Challenging the Admission of Forensic Evidence

A national study of our nation’s crime labs and the scientific validity of several commonly used forensic science disciplines questions the basis for several different forensic science disciplines. Attorneys must continue to press trial courts to be more active gatekeepers by challenging the underlying premise of forensic evidence, because oftentimes science does not support analysts’ testimony.

Sep. 08, 2010

Viewpoint: Sentencing Options: Why restrict judges?

Wisconsin’s criminal justice system and Wisconsin residents would be better served if judges could choose between indeterminate and determinate sentences, depending on the seriousness of the offense and the offender’s history and likely ability to be rehabilitated.

Sep. 02, 2010

Police officer violated juvenile's rights with custodial interrogation

Sept. 3, 2010 – Interrogation evidence will be suppressed in its entirety when an officer places a juvenile in custody and interrogates the juvenile without recording the conversation, even if incriminating statements are later recorded.

Aug. 24, 2010

Supreme court rejects constitutional challenge by former Jesuit priest from Illinois

Aug. 24, 2010 – A former Jesuit priest, convicted in 2005 for indecent behavior with children in the 1960s, failed in his constitutional challenge to Wisconsin’s statute of limitations.

Aug. 20, 2010

Circuit court did not have inherent authority to grant new trial in campus assault case

Aug. 20, 2010 – The circuit court did not have authority to grant a new trial to a criminal defendant, convicted in 2000 for sexually assaulting a female freshman at the University of Wisconsin-Whitewater, the Wisconsin Supreme Court recently held.

Aug. 18, 2010

Police seized drugs lawfully under the community caretaker exception, supreme court says

Aug. 18, 2010 – The police, acting as bona fide community caretakers, did not violate the Fourth Amendment when they entered the defendant’s home without a warrant and seized drugs in plain view, the Wisconsin Supreme Court recently held.

Aug. 17, 2010

Voluntary consent sufficiently attenuated to remove taint of illegal police entry

Aug. 17, 2010 – In a classic fruit of the poisonous tree case, the Wisconsin Supreme Court held that a defendant’s voluntary consent to search his residence was "sufficiently attenuated" from police officers’ illegal entry to remove the taint of the illegal entry.

Aug. 16, 2010

Exigent circumstances support warrantless entry, supreme court holds

Aug. 16, 2010 – When police visit a suspected drug dealer for a "knock and talk," exigent circumstances could arise to allow police to enter without a warrant, the Wisconsin Supreme Court recently held in State v. Robinson, 2010 WI 80.

Aug. 12, 2010

Failure to raise issues in response to no-merit report bars issues in post-conviction motion

Aug. 12, 2010 – A defendant is barred from raising issues in a subsequent post-conviction motion if the defendant did not previously raise those issues in response to his post-conviction attorney’s no-merit report, the Wisconsin Supreme Court recently held.

Aug. 10, 2010

Duty to Advise Noncitizens

In its 2010 landmark decision in Padilla v. Kentucky, the U.S. Supreme Court held that defense counsel have an affirmative Sixth Amendment duty to advise noncitizen clients of the potential immigration consequences of their pleas. The decision overturned Wisconsin and federal court precedent and substantially affects Wisconsin prosecutors and defense counsel and their clients.

Jul. 21, 2010

Supreme court restricts police authority to search vehicles, but applies good-faith exception

July 21, 2010 – Following a recent United States Supreme Court ruling, the Wisconsin Supreme Court has restricted the authority of police to search an arrestee’s vehicle under the Wisconsin Constitution’s protection against unreasonable searches and seizures.

Jul. 15, 2010

Judge did not abuse discretion when making 'baby mama' and other remarks at sentencing

July 15, 2010 – A circuit court did not erroneously exercise its discretion in sentencing a criminal defendant despite using terms like "baby mama" to describe his child’s mother, the Wisconsin Supreme Court recently held.

Jul. 06, 2010

Trial court can veto plea agreements if in the public interest

July 6, 2010 – A circuit court judge may reject a plea agreement reached between the defendant and prosecution as long as it is in the public interest to do so, the Wisconsin Supreme Court recently held.

Jul. 02, 2010

Inside the Bar: Let’s Talk

Talk to candidates about raising pay for private practice lawyers who defend indigent people.

Jun. 17, 2010

Supreme court clarifies procedures and standards for reviewing civil commitment discharge

June 17, 2010 – The Wisconsin Supreme Court on June 15 clarified the procedure and standard for reviewing discharge petitions of those civilly committed for sexual violence.

Jun. 04, 2010

Wisconsin’s New OWI Law

2009 Wisconsin Act 100, relating to impaired driving, takes effect July 1, 2010. Among several important changes, the law creates new misdemeanor classifications, establishes probation eligibility for all criminal OWI offenders, permits all counties to adopt programs that offer reduced jail sentences on completion of treatment and supervision, expands orders and penalties regarding ignition interlock devices, and affects occupational license eligibility.

Jun. 03, 2010

State cannot retroactively apply lowered PAC threshold in OWI case, appeals court holds

June 3, 2010 – An operating while intoxicated (OWI) conviction in one case does not allow retroactive application of that conviction to the prohibited alcohol concentration (PAC) level for repeat OWI offenders, the appeals court held in State v. Sowatzke, AP1990-CR (May 26, 2010).

Jun. 01, 2010

Attorney not ineffective, in part because trial strategy was reasonable, supreme court holds

May 27, 2010 — An attorney's failure to investigate certain law or facts, if based on strategic trial decisions, may still be adjudged reasonable to discharge "ineffective assistance of counsel" claims, the Wisconsin Supreme Court recently held.

May 21, 2010

Third-party consent allows access to owner’s personal computer, court of appeals holds

May 21, 2010 – Police do not need a warrant to search someone’s personal computer files if a third party with access to the computer consents, the appeals court recently held.

Apr. 06, 2010

Ethics: Talking to the News Media about Criminal Legal Matters

Rules limit what lawyers can say to media.

Apr. 05, 2010

When an informant is not an informant – court of appeals weighs in

April 7, 2010 – In the Sixth Amendment case of State v. Lewis (2009AP429-CR, March 31, 2010), the Wisconsin Court of Appeals clarifies when a jailhouse informant is not an informant, for purposes of the defendant's Sixth Amendment right to a fair trial and counsel.

Mar. 29, 2010

Supreme court says planned community does not contravene the Condominium Ownership Act

March 29, 2010 – The Wisconsin Supreme Court has affirmed the circuit and appeals courts and held that a restrictive covenant agreement governing a planned community does not violate the Condominium Ownership Act.

Mar. 23, 2010

Wisconsin Supreme Court affirms involuntary medication order

March 23, 2010 – The Wisconsin Supreme Court has considered the issue of whether the Wisconsin statute, which authorizes the involuntary medication of committed person, violates due process by allowing involuntary medication without a finding of dangerousness and by failing to provide a mechanism for periodic review of the medication order.

Mar. 22, 2010

Wisconsin Supreme Court rejects challenge to sex offender registry statute

March 22, 2010 – The Wisconsin Supreme Court rejects a constitutional challenge to the sex offender registration statute and affirms Court of Appeals' decision. The defendant pled guilty to a charge of false imprisonment when he and others forced a minor to ride in a vehicle with them in order to collect a drug debt from the minor’s friend.

Mar. 11, 2010

Court of appeals affirms retroactive application of repealed statute

March 11, 2010 – The Wisconsin Court of Appeals, in State v. Barfell, No. 2009AP1568-CR (March 10, 2010), affirmed the Wisconsin rule that procedural statutes are to be applied retroactively in a case involving a sentencing appeal.

Mar. 04, 2010

Editorial: Defining "Voluntary Confession"

The legal standard courts use to determine if a confession is voluntary or involuntary is too dull.

Mar. 03, 2010

Playing video statement at closing argument addressed by court of appeals

March 3, 2010 – In a case of first impression, the Wisconsin Court of Appeals denies a convicted sex offender’s motion for a new trial based on defense counsel’s failure to object to the prosecutor playing a child’s video statement during closing argument.

Feb. 22, 2010

Court of Appeals reverses lower court where ex parte hearing entered as testimony

Feb. 22, 2010 – The Milwaukee County Circuit Court was clearly in error in allowing sworn testimony from a witness taken during an ex parte hearing to be introduced as testimony during a jury trial. In reversing and remanding for a new trial, the Court of Appeals found the defendant was denied his right to counsel and right to be present.

Feb. 19, 2010

Credit where credit is due: Court of appeals reverses lower court on sentence credit

Feb. 19, 2010 – The court of appeals, in the recent decision State v. Brown, has reversed the Kenosha County circuit court for denying 285 days of sentence credit due an offender on parole hold in Illinois and confined in Wisconsin.

Feb. 19, 2010

Wisconsin Supreme Court clarifies meaning of 'cure' in contract breach

March 12, 2010 – In Volvo Trucks North America v. Wausau Truck Center, Inc., 2008AP1385 (March 11, 2010), the supreme court clarified the meaning of the word "cure" under the motor vehicle dealer statutes and found that a dealer had cured a breach of its dealer agreement in the requisite period of time.

Feb. 15, 2010

Court of appeals enforces test for issue preclusion, overturns lower court

Feb. 15, 2010 – The Wisconsin Court of Appeals, in a recent decision in Flooring Brokers, Inc. v. Florstar Sales, Inc., has re-enforced the standard test for issue preclusion and has had to remind a lower court that claims preclusion and issue preclusion are two different doctrines with different analyses.

Feb. 09, 2010

Ethics: Talking to the News Media about Criminal Legal Matters

This article discusses the Rules of Professional Conduct and what a lawyer can say and cannot say to the news media in a criminal matter.

Feb. 09, 2010

Exonerees’ Hardships after Freedom

Most exonerees lose everything in their legal battles to prove their innocence and gain their freedom: financial security, family ties, reputations, and more. Once the thrill of freedom fades, exonerated individuals face the hardship of rebuilding their lives and reintegrating in society with little preparation and support. The Wisconsin Exoneree Network is working to change that reality.

Feb. 09, 2010

Technology: Engage the Jury: Presenting Electronic and Computer Evidence at Trial

Most lawyers have heard of electronic discovery and are aware of changes to the federal rules of civil procedure, and proposed changes to Wisconsin’s rules, to accommodate the collection and use of electronic evidence. But most lawyers do not know how to effectively present electronic evidence to a jury – they risk confusing the jury with jargon, impeaching their experts, or boring the jury to sleep during their expert’s key testimony. Don’t let this happen to you.

Feb. 03, 2010

Illegal police search of cell phone does not invalidate conviction

Feb. 3, 2010 – The Wisconsin Supreme Court held that only legally obtained evidence served as a basis for a search warrant. But two dissenting justices questioned whether information learned from an illegal search actually influenced the police decision to seek a warrant and the magistrate’s decision to grant it.

Jan. 19, 2010

Court’s failure to ask defendant about right to testify remedied at evidentiary hearing

Jan. 19, 2010 – A court may belatedly determine the validity of a criminal defendant’s decision not to testify at an evidentiary hearing, said the Wisconsin Court of Appeals. The court disagreed that only a new trial can remedy the lack of a colloquy.

Jan. 15, 2010

Alteration of drug prescription punishable under general forgery statute

Jan. 15, 2009 – The Wisconsin Court of Appeals examined the legal significance of a doctor’s prescription and found that it falls within the meaning of the general forgery statute.

Jan. 13, 2010

Testing of man convicted of sexually assaulting daughter leads to new trial

Jan. 13, 2010 – The Wisconsin Court of Appeals remanded for a new trial the case of a man convicted of sexually assaulting his daughter on the basis of her testimony that she contracted herpes from him. Two tests following his trial showed he did not carry the herpes virus.

Jan. 07, 2010

Wisconsin Supreme Court probes extent of police ‘community caretaker’ in oral arguments

Jan. 7, 2010 – The Wisconsin Supreme Court considered whether police, acting in a noninvestigatory role, can enter a residence believed to be a drug house without a warrant to check on the occupants’ wellbeing.

Dec. 30, 2009

Retention of counsel no longer bars police interrogation, says court of appeals

Dec. 30, 2009 – The Wisconsin Court of Appeals held that a defendant’s incriminating statements are not excluded under the Sixth Amendment following the U.S. Supreme Court’s recent reinterpretation of the right to counsel.

Dec. 29, 2009

Detaining person with handcuffs requires facts indicating threat to officer

Dec. 29, 2009 – The Wisconsin Court of Appeals held that handcuffs elevate the intrusiveness of a detention, increasing the state’s burden of showing the detention was reasonable. The court also held consent to search a room does not extend to containers over which there is no common authority.

Dec. 04, 2009

Common Interest Privilege: The Unknown Litigation Tool

The common interest privilege encourages and promotes efficiency in litigation by allowing parties with common interests to disclose information without waiving the attorney-client privilege. Learn what practical and strategic issues clients should consider before entering into a joint litigation agreement with other parties.

Dec. 04, 2009

Practice Tips: Dealing with Conflicting Court of Appeals Opinions

The Wisconsin Court of Appeals is a unified court, meaning that published opinions of the courts of appeal are binding on all four districts; yet conflicts sometimes exist. Learn how to determine which decision is controlling when two decisions are factually analogous but reach different legal conclusions.

Dec. 04, 2009

Proposed Rules for Electronic Discovery

The new amendments to the Wisconsin Rules of Civil Procedure recognize the significance of electronically stored information in the discovery process. These amendments, which are effective, encourage early participation by the court and the parties in addressing discovery issues pertaining to electronically stored information, including agreements regarding the form of production and the accompanying costs.

Dec. 04, 2009

Board of Governors adopts policy position reaffirming the essential role of defense attorneys in the criminal justice system

Dec. 4, 2009 - Criminal defense lawyers ensure justice in an adversarial legal system with their undivided loyalty and zealous advocacy for their clients.

Nov. 30, 2009

Detainer found by its effect, not by its particular name

Nov. 30, 2009 – The Wisconsin Court of Appeals held that whether the state calls notice of a prisoner’s pending charges a “detainer” or not, a reviewing court will find one according to its effect.

Nov. 18, 2009

Admissible evidence at hearing to commit ‘sexually violent person’ greater than at criminal trial, court of appeals says

Nov. 18, 2009 – The Wisconsin Court of Appeals rejected due process arguments that the evidentiary rules at a civil commitment hearing should be as restrictive as those of a criminal trial.

Oct. 22, 2009

Justices seek standard to judge offensive racial remarks during oral arguments in ‘baby mama’ case

Oct. 22, 2009 – The Wisconsin Supreme Court also asked whether a defendant should demonstrate that a judge’s offensive comments affected the sentence imposed.

Oct. 14, 2009

Court-appointed indigent defense lawyers may file no-merit reports under statute referring to SPD

Oct. 14, 2009 – The Wisconsin Court of Appeals examined the statute enabling State Public Defender-appointed lawyers to file no-merit reports and found it does not exclude court-appointed indigent defense attorneys.

Oct. 02, 2009

Court of appeals rejects claim that 17-year-olds fall outside statute punishing contribution to child delinquency

Oct. 2, 2009 – The Wisconsin Court of Appeals rejected an inmate's claim that he did not contribute to the delinquency of a child because the 17-year-old girl to whom he gave a lethal dose of drugs was too old.

Oct. 01, 2009

Police ‘caretaker function’ no basis to preserve evidence in non-emergency warrantless search

Oct. 1, 2009 – The Wisconsin Court of Appeals considered the limits of the community caretaker function invoked in connection with a non-emergency search of the defendant’s duffel bag.

Aug. 26, 2009

Wisconsin Supreme Court to consider how informed defendant must be to enter guilty plea

Aug. 26, 2009 – A case pending before the Wisconsin Supreme Court could lead to a change in the current law that requires a criminal defendant to know the precise amount of potential punishment to enter a valid guilty plea.

Aug. 21, 2009

Debate over judge’s ‘baby mama’ remarks headed to Wisconsin Supreme Court

Aug. 21, 2009 – Briefs outline the debate over whether a sentencing judge’s racially suggestive comments should be a basis for vacating a sentence.

Aug. 17, 2009

Suspect’s 'persistence' in furtive-type movements can be part of basis for search

Aug. 17, 2009 – The Wisconsin Court of Appeals said a police officer’s reasonable suspicion justifying a protective search may also arise from the officer’s safety concerns during a traffic stop in a high crime area and a suspect’s unconvincing answer to a question about the vehicle’s contents.

Aug. 04, 2009

Evidence of criminal defendant’s 'other acts' may be used to establish context of arrest

Aug. 4, 2009 – The Wisconsin Supreme Court held that evidence of a defendant’s other crimes, wrongs, or acts may be admitted to establish the context in which police acted. Dissenting justices argued that this evidence may not be relevant to the defendant’s conduct at issue.

Jul. 22, 2009

Milwaukee jail officials’ contempt falls outside statute, Wisconsin Supreme Court says

July 22, 2009 – The Wisconsin Supreme Court said that intentional violations of a consent decree governing conditions at the Milwaukee County Jail ceased before the circuit court held county officials in contempt. Accordingly, the contempt statutes do not authorize sanctions.

Jul. 10, 2009

Inside the Bar: The (Bargain Basement) Cost of Justice

If passed, AB 224 would raise to $70 per hour from $40, the hourly rate paid to private attorneys who take public defender appointments; still a bargain for the state.

Jul. 10, 2009

Prosecutor entitled to defendant’s state-of-mind evidence in self-defense cases

July 10, 2009 – The Wisconsin Supreme Court upheld a circuit court order directing a defendant to tell the prosecution prior to trial which of his victim’s past violent acts informed his decision to use force. The justices said the order promotes judicial efficiency, but a dissenting opinion called it discovery unauthorized by statute.

Jul. 06, 2009

Some proposals from special committee studying prison overcrowding survive governor’s veto

July 6, 2009 – Gov. Jim Doyle embraced “risk reduction” sentencing, provision of services to offenders exiting prison, and wider options to sanction those who do not fulfill conditions of their supervised release. Other ideas from the Justice Reinvestment committee, such as a goal of reducing recidivism rates by 25 percent, were rebuffed.

Jul. 01, 2009

Confession gained by keeping lawyer apart from client is valid, Wisconsin Supreme Court says

July 1, 2009 – A divided supreme court upheld the admissibility of statements obtained by police during an incommunicado interrogation, relying on federal interpretation of the Fifth Amendment. Dissenters argue Wisconsin should find greater rights in the state constitution.

Jul. 01, 2009

20 civil, criminal, general, and juvenile mandatory court forms released

July 1, 2009 -- The Wisconsin Records Management Committee updated 17 and introduced three civil, criminal, general, and juvenile forms. All forms were effective April 2.

Jun. 26, 2009

Three bills amending and clarifying appellate procedures signed into law

June 26, 2009 – Three bills supported by the State Bar’s Criminal Law Section that amend and clarify various appellate procedures were signed into law on June 19. Assembly Bills 122, 123, and 124 were signed by Gov. Jim Doyle at a meeting of the Wisconsin Judicial Council in Madison.

Jun. 24, 2009

Wisconsin Supreme Court clarifies the basis to award jail credit in sentencing

June 24, 2009 – The justices explained that jail credit given for one sentence will only count toward another if the sentences arise from the same criminal acts. The court rejected the argument that failure to credit each sentence served concurrently results in uneven lengths of punishment, undercutting the meaning of “concurrence.”

Jun. 12, 2009

Judge has discretion to call no witnesses at John Doe hearing, Wisconsin Supreme Court holds

June 12, 2009 - Justices reject statutory interpretation that would require a judge to call witnesses simply because a complainant has produced them. The court withdrew language from one of its earlier decisions concerning John Doe hearings to prevent any confusion on this issue.

May 29, 2009

Plea colloquy requires more than determination of defendant’s understanding of form

May 29, 2009 – The Wisconsin Supreme Court says that when a defendant enters a guilty plea, the judge cannot merely rely upon an admission that the defendant read and understood the plea questionnaire and waiver of rights form. The court must question the defendant personally on the record about the contents of the form in order to be a proper plea colloquy.

May 18, 2009

Four criminal justice proposals cleared by special legislative committee

May 18, 2009 – A special committee charged with studying Wisconsin’s exploding prisons costs voted to send four proposals to the Joint Legislative Council. The policy prescriptions include “risk reduction” sentencing, $30 million in spending on various services, and a cap on terms of extended supervision.

May 07, 2009

Ethics: E-09-02: Prosecutor’s Obligations to Pro Se Persons

The State Bar Professional Ethics Committee issued Formal Opinion E-09-02, outlining a prosecutor’s obligations when dealing with unrepresented persons.

May 07, 2009

Using Lay Opinion Evidence at Trial

The rules of evidence allow lay witnesses to testify about direct knowledge in the form of an opinion or inference, so long as the proper foundation is offered. Here’s a fresh look at lay opinion evidence and its effectiveness in trial advocacy.

May 06, 2009

Young Lawyers Division sponsors free disaster legal services training in Madison

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

Apr. 23, 2009

Recommendations to solve state’s prison overcrowding include proposal for new sentencing scheme

April 23, 2009 – New sentencing rules to encourage rehabilitation are among the policy changes recommended to a legislative committee considering ways to solve Wisconsin’s prison overcrowding problem with a $2.5 billion price tag over the next 10 years.

Apr. 15, 2009

Don't forget you're registered! WisBar's newest feature adds events to your electronic calendar

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apr. 15, 2009

Free training to fight the flood of foreclosures – help homeowners, strengthen communities

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

Apr. 15, 2009

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

Apr. 15, 2009

Breakfast & Business: Eggs, Ethics, and Answers seminar comes to Platteville and Pembine

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

Apr. 15, 2009

Study probes causes of Wisconsin's exploding prison costs

April 15, 2009 – Mental illness, substance abuse, and unemployment are causing inmates on supervised release to head back to prison, according to research prepared for a study of Wisconsin's criminal justice system. If not addressed, the cost of reincarcerating these offenders will contribute to $2.5 billion of corrections spending over the next decade.

Apr. 10, 2009

Upcoming GAL for children seminars offer flexible program format – choose the session that works for you

Apr. 01, 2009

Society’s Challenge: Finding a Better Way to Die

Media attention on the Final Exit Network assisted-suicide ring and other right-to-die cases results in people talking for awhile about death and dying. And while there has to be a better way to exit this world than with a plastic bag over one’s head, don’t look to the law to resolve the complex moral and ethical questions about how we die. Individuals must make and discuss their own wishes.

Apr. 01, 2009

'Twitter in the Court:' Juror Social Media Use, Internet Research, and Mistrials (Practice411 Advice Alerts)

April 1, 2009 – From integrating your technology to assisting with trust accounting, and from getting and keeping clients to operations management, Practice411, State Bar of Wisconsin's Law Office Management Assistance Program can help improve your office's effectiveness ... and your quality of life.

Apr. 01, 2009

Revised forms now available in Real Estate and Criminal Law forms libraries

April 1, 2009 - The State Bar CLE Books division is pleased to announce the revision of 43 real estate forms and 33 criminal forms available in the State Bar of Wisconsin Forms Bank.

Mar. 18, 2009

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

Mar. 13, 2009

Too many probationers sent back to prison, state committee told

March 13, 2009 – New research indicates that too many prisoners on supervised release are being sent back to prison. A committee including legislators, judges, prosecutors, and defense attorneys is charged with figuring out ways to fix that.

Mar. 05, 2009

Practice Tips: New Rules for Conducting Depositions outside Wisconsin

Effective July 1, 2008, revised Wis. Stat. section 887.26 changed the rules on conducting depositions outside Wisconsin. Such depositions now will be done in the same manner as if conducted in Wisconsin.

Mar. 05, 2009

The Perils of Plain Language: Statute of Limitations for Child Sexual Assault Defendants

In State v. MacArthur, the Wisconsin Supreme Court concluded that the expanded statute of limitation for child sexual assaults must be interpreted literally, not constructively, with the result that some future child sexual assault defendants may escape prosecution while other defendants may be subject to prosecution without any time limit. The difference in treatment depends on whether the alleged crime occurred before or after July 1, 1989.

Feb. 13, 2009

Court's 'baby mama' remark leads to resentencing

Feb. 13, 2009 – A three-judge panel of the Wisconsin Court of Appeals held that a Caucasian judge’s comments on the African-American defendant’s lifestyle and his “baby mama” could be perceived as injecting impermissible racial factors into sentencing.

Oct. 08, 2008

Mission Possible: Improving Justice in Afghanistan

Three young Wisconsin attorneys work as teachers and mentors to help strengthen the rule of law in Afghanistan.

Oct. 02, 2008

Editorial: Public Defenders Deserve Fair Pay

State public defender Nick Chiarkas and State Bar president Diane Diel make their case for increasing the rate paid to private bar attorneys who accept public defender appointments from $40 per hour to $70 per hour.

Sep. 10, 2008

A Long Cup of Coffee with SPD Nick Chiarkas

Nick Chiarkas, State Public Defender for the past 20 years, reflects with Randy Kraft on current issues, challenges and controversies facing our justice system, and the State Public Defender’s office.

Jul. 18, 2008

Legal Research: To Cite or Not to Cite: Should Wisconsin Permit Citing of Unpublished Opinions?

On Oct. 14, the supreme court will consider citing unpublished decisions.

Jul. 10, 2008

Ethics: Border Hopping: New Rules on Multijurisdictional Practices

The Wisconsin Supreme Court has tentatively approved changes to SCR 20:5.5 regarding multijurisdictional practice in Wisconsin, both for lawyers not licensed in Wisconsin who occasionally provide legal services to clients in Wisconsin and for Wisconsin-licensed lawyers who provide legal services to clients in other jurisdictions in which they are not licensed to practice.

Jul. 10, 2008

Paperless Courts: E-Filing in Wisconsin Circuit Courts

On July 1, a rule setting out procedures for filing circuit court cases electronically takes effect. E-filing will debut county by county as circuit court judges and clerks implement the procedures. Here’s what you need to know to take full advantage of this process when it becomes available in your county.

Jul. 08, 2008

Bridging the Distance: Videoconferencing in Wisconsin Circuit Courts

On July 1, 2008, a new rule took effect that regulates and encourages the expanded use of video technology in Wisconsin circuit courts while protecting litigants’ rights. Here’s how it works.

Mar. 10, 2008

Guest Editorial: Empty Pockets and Overfilled Dockets: Prosecutors Leaving the Profession

A Wisconsin Legislative Audit Bureau report shows that the state cut prosecutor positions at a time of increased crime statewide. Increased caseloads and a lack of pay progression caused more than half the assistant district attorneys to leave the profession within the last six years. The high turnover and prosecutor shortage have now developed into an unmanageable crisis in our criminal justice system as crime victims and law enforcement officers are underserved.

Mar. 10, 2008

Practice Tips: The Greatest Set of Motions You've Never Heard of

Plaintiffs' attorneys who use, under the right set of circumstances, the relatively obscure motion for judgment on admitted claim or motion for an order to satisfy the admitted claim can achieve a good result, reduce the length of litigation, and save their clients time and money. Here's how.

Feb. 07, 2008

Thinking Outside the "Business Records" Box: Evidentiary Foundations for Computer Records

The foundation for introducing computer-generated records into evidence is different than that for the familiar business records exception, but it is not necessarily more difficult. Read how the process works, establishes authenticity, and produces reliable results.

Feb. 07, 2008

Wisconsin court system receives grant to improve criminal justice system

Sep. 07, 2007

Sentencing Commission findings underscore the need to work toward equal treatment of all Wisconsin residents

Jul. 01, 2007

Impact of New Fee and Trust Account Rules on Family and Criminal Law Practitioners

The new fee and trust account rules became effective July 1, 2007. Here, the authors address hourly and flat fee engagements for lawyers, the new opportunity for lawyers to outright deposit advanced fees – whether flat fees or hourly fees – into their general business account, and the changes to the rules that most affect family and criminal law practitioners. Sample end-of-representation letters are included.

Jul. 01, 2007

Trust Account Rules Appendixes

Jun. 05, 2007

2006 Significant Court Decisions

In his annual feature, the author highlights what he believes are the most significant Wisconsin Supreme Court and Court of Appeals decisions from 2006.

Jun. 05, 2007

A Typical Juvenile Crime

Jeff is an A student, a senior in high school, with plans to become a doctor some day. He plays sports, stays out of trouble, and generally gets along well with everyone.

Jun. 05, 2007

Other Significant Court Decisions of 2006

Space does not permit a more complete discussion, but the holdings of these other informative cases are summarized below.

Jun. 05, 2007

State Bar Supports Raising the Age at Which a Person is Subject to Circuit or Municipal Court Jurisdiction

The State Bar Board of Governors at its meeting on March 9, 2007, adopted a public policy position at the request of the Children & the Law Section supporting legislation to raise from 17 to 18 the age at which persons are subject to adult court.

Jun. 05, 2007

Legislative Watch: Return 17-Year-Olds to Juvenile Court

A proposal will be introduced this fall to the Wisconsin Legislature to return 17-year-olds to juvenile court jurisdiction, thus allowing these juveniles access to critical treatment services not available to them under adult court jurisdiction.

Jun. 05, 2007

Legislative Watch Figures

May 05, 2007

More About the Wisconsin Criminal Justice Study Commission

May 05, 2007

Study Suggests Causes of and Ways to Prevent False Confessions

Lessons from recent DNA exoneration cases suggest that although false confession-based wrongful convictions often begin with police interrogation, they involve a breakdown of the entire justice system. This article presents an overview of research conducted by the Wisconsin Criminal Justice Study Commission about the causes of false confessions and possible ways to prevent false confession-based wrongful convictions.

Apr. 05, 2007

Taking Reconfinement Hearings Seriously

Reconfinement hearings in Wisconsin are relatively new, and recent months have seen a shift in the law toward making the hearings more than a mere formality. Because of the importance of the hearings, the duties of the reconfinement courts and defense counsel have increased and both have an obligation to review the original sentencing before the reconfinement hearing.

Mar. 05, 2007

Handling OWI Cases for Those !@#! Illinois Drivers

As much as Wisconsinites like to harrangue Illinois drivers (and vice versa), Illinois drivers convicted of Wisconsin OWI face more serious negative consequences in their home state than do their Wisconsin counterparts.

Mar. 05, 2007

State Bar CLE Gets You Up to Speed on the Latest Traffic Laws

Feb. 08, 2007

Supreme Court Orders

The Wisconsin Supreme Court has repealed and recreated SCR Chapter 20 - the Rules of Professional Conduct for Attorneys. The court also set public hearings on March 21 regarding the use of electronic signatures by court officials and electronic filing in the circuit courts. The court also set public hearings on April 12 regarding multi-jurisdictional practice and State Bar classes of membership relative to U.S. administrative law judges.

Dec. 29, 2006

Attorney referral service needs lawyers statewide, join now, discounts available

Every year, more than 1,000 clients with identified legal needs and the ability to pay for legal assistance are unable to obtain a referral to an attorney through the State Bar’s Lawyer Referral and Information Service (LRIS) because there are no LRIS panel attorneys in the counties where callers need help.

Nov. 29, 2006

Ethics: Advising on Lawful Investigations

A new rule of professional conduct, unique to Wisconsin, guides lawyers in providing legal advice to persons participating in lawful investigations.

Nov. 01, 2006

Persuading Jurors during voir dire

Knowing when and how to persuade jurors during voir dire requires a balance of open-ended and advocacy-focused questions, proper timing, and letting the jurors talk.

Sep. 25, 2006

CaseLaw Express™ gets a facelift; Free service notifies subscribers of recent court decisions

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

Aug. 30, 2006

Disclosing Surveillance Evidence: "I've Got a Secret"

The author discusses two Wisconsin Court of Appeals decisions that provide guidance on how to handle disclosure issues involving surveillance videotapes during discovery and at trial, and when the issues are likely to arise.

Apr. 01, 2006

Court of Appeals Digest

This column summarizes selected published opinions of the Wisconsin Court of Appeals.

Mar. 01, 2006

Appealing Municipal Court Judgments to Circuit Court

Attorneys need to understand in what form and when a party aggrieved by an adverse municipal court judgment may appeal for circuit court review, because severe consequences can flow from decisions made and strategies used at the outset of a client's municipal court case.

Mar. 01, 2006

Court of Appeals Digest

This column summarizes selected published opinions of the Wisconsin Court of Appeals.

Nov. 01, 2005

New commission continues criminal justice reform

The goal of the recently formed Wisconsin Criminal Justice Study Commission is to identify and help correct problems in the Wisconsin criminal justice system. The commission, comprising prosecutors, police, defense attorneys, judges, victim's advocates, and community leaders, will study criminal justice reforms aimed at protecting the innocent and convicting the guilty.

Oct. 01, 2005

Dealing Fairly With an Unrepresented Person

The author looks at issues of fairness and advocacy when lawyers deal with unrepresented people and discusses the related Ethics 2000 Committee recommendations that are pending before the Wisconsin Supreme Court.

Oct. 01, 2005

The Unauthorized Practice of Law: Court Tells Profession, Show us the Harm

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.

Aug. 25, 2005

Biennial budget bill reduces certain first-offense motor vehicle convictions to civil offenses, narrows "habitual traffic offender" definition, and more

Governor Jim Doyle signed the 2005 - 07 biennial budget bill (2005 Assembly Bill 100) into law in late July as 2005 Wis. Act 25. Except where specific provisions set separate effective dates, Act 25 became effective July 27. It covers state expenditures from July 1, 2005 through June 30, 2007.

Jul. 01, 2005

Avery Task Force examines wrongful convictions, new study commission to examine criminal justice system

The Avery Task Force has completed its work on several reform issues to improve the accuracy and efficiency of the criminal justice system. The task force, appointed by Rep. Mark Gundrum, Wisconsin Assembly Judiciary Committee chair, was created to examine the causes of wrongful convictions and other ways to improve the criminal justice system to ensure conviction of only the guilty.

Jul. 01, 2005

Inside the Bar

Accept five cases as assigned by the State Public Defender and not only will you be assisting people accused of a crime and helping to make our justice system more accessible, but you also will earn free CLE from the State Bar.

Jul. 01, 2005

Legal News & Trends

Jul. 01, 2005

Supreme Court Orders

The Wisconsin Supreme Court has amended SCR 72.01 and 70.36 regarding the retention of court records.

Jun. 01, 2005

Cell Phone Tips of Crime and 'Reasonable Suspicion'

With the proliferation of cell phone use comes an increase in the number of criminal investigations arising from cell phone reports of ongoing or just completed criminal activity.

Jun. 01, 2005

Other Significant 2004 Cases

Space does not permit a more complete discussion, but the holdings of these other informative cases are summarized below.

May 01, 2005

Supreme Court Digest

May 01, 2005

Wisconsin's Construction Trust Fund Statute: Protecting Against Theft by Contractor

Money paid by a property owner to a contractor on a construction project constitutes a trust fund until all legitimate claims for labor and materials are paid. Misappropriation of the funds is theft by contractor.

Apr. 01, 2005

Supreme Court Digest

Mar. 01, 2005

Supreme Court Digest

This column summarizes all decisions of the Wisconsin Supreme Court (except those involving lawyer or judicial discipline).

Feb. 01, 2005

Supreme Court Digest

Feb. 01, 2005

To Forgive, Divine: The governor's pardoning power

In Wisconsin, the power to pardon belongs exclusively to the governor, who can exercise it essentially in any manner the governor sees fit. For practical purposes, Wisconsin governors have been restrained in exercising their power. Read how screening panels – established by governors – evaluate applications for pardons, commutations, and reprieves.

Dec. 01, 2004

Court of Appeals Digest

Nov. 01, 2004

Court of Appeals Digest

Oct. 01, 2004

Court of Appeals Digest

Sep. 01, 2004

Court of Appeals Digest

This column summarizes selected published opinions of the Wisconsin Court of Appeals.

Sep. 01, 2004

Supreme Court Digest

Aug. 01, 2004

Inside the Bar August 2004: CLE Books' Spanish-English reference guide receives outstanding achievement award

State Bar CLE Books proudly announces that its pocket-sized Spanish-English reference work, Critical Terms in Criminal Proceedings in Spanish and English, won the Association for Continuing Legal Education (ACLEA) 2004 Outstanding Achievement award.

Jun. 01, 2004

Inside the Bar June 2004: CLE seminars focus on skills for cross-examination, and adult GAL issues

Improve your cross-examination skills at the State Bar CLE Winning Your Case With Killer Cross-examination Techniques seminar on June 23 in Waukesha.

May 01, 2004

Inside the Bar May 2004: LRIS needs attorneys in rural counties too

Attorneys statewide are encouraged to register for LRIS. Expert advisers in all types of practice are needed - particularly in family and criminal law. Attorneys are needed urgently in the following counties.

Feb. 25, 2004

CLE Books releases Critical Terms in Criminal Proceedings in Spanish and English

State Bar CLE Books proudly announces its newest publication, a Spanish-English glossary of legal terms, Critical Terms in Criminal Proceedings in Spanish and English/ Terminologías Esenciales en el Proceso Criminal en Español en Inglés, by attorneys Ronald Benavides and Luis Cuevas.

Feb. 01, 2004

Inside the Bar February 2004: CLE Books releases Critical Terms in Criminal Proceedings in Spanish and English

State Bar CLE Books proudly announces its newest publication, a Spanish-English glossary of legal terms, Critical Terms in Criminal Proceedings in Spanish and English/ Terminologías Esenciales en el Proceso Criminal en Español y Inglés, by attorneys Ronald Benavides and Luis Cuevas.

Nov. 01, 2003

Court of Appeals Digest

Oct. 01, 2003

Court of Appeals Digest

Sep. 01, 2003

Court of Appeals Digest

Sep. 01, 2003

Supreme Court Digest

Aug. 01, 2003

Court of Appeals Digest

Aug. 01, 2003

Supreme Court Digest

Jul. 01, 2003

Court of Appeals Digest

Jul. 01, 2003

Supreme Court Digest

This column summarizes all decisions of the Wisconsin Supreme Court except those involving lawyer or judicial discipline.

Jun. 16, 2003

State Bar supports proposed legislation to increase indigent representation

The State Bar of Wisconsin weighed in on proposed legislation today that would increase income limits for criminal defendants to qualify for representation by a public defender.

Jun. 01, 2003

2002 Significant Court Decisions

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

Jun. 01, 2003

2002 Significant Court Decisions - Other Significant Cases

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

Jun. 01, 2003

Court of Appeals Digest

Jun. 01, 2003

Supreme Court Digest

May 01, 2003

Court of Appeals Digest

Apr. 01, 2003

Court of Appeals Digest

Apr. 01, 2003

Supreme Court Digest

Mar. 01, 2003

Court of Appeals Digest

Feb. 01, 2003

Court of Appeals Digest

Feb. 01, 2003

Supreme Court Digest

Dec. 01, 2002

Court of Appeals Digest

Nov. 01, 2002

Fully Implementing Truth-in-Sentencing

The changes in Wisconsin sentencing laws are substantial and were a long time in coming. With the passage of 2001 Wis. Act 109, the pieces are in place for the full implementation of truth-in-sentencing as originally envisioned by Wisconsin lawmakers.

Nov. 01, 2002

Problems with the New Truth-in-Sentencing Law

The enactment of the second half of truth-in-sentencing (TIS) legislation in 2001 Wis. Act 109 has been a long time coming. What ultimately was included in Act 109 does not include many of the changes and reforms proposed by the State Bar Criminal Law Section. The section's proposals would have addressed problems with Wisconsin's "no parole regime," helped control the increasing prison population, and provided more resources for rehabilitation of incarcerated persons.

Oct. 01, 2002

Court of Appeals Digest

Oct. 01, 2002

Supreme Court Digest

Sep. 01, 2002

Court of Appeals Digest

Sep. 01, 2002

Legislative Watch

Several provisions of the budget reform legislation have an impact on the courts and public.

Sep. 01, 2002

Supreme Court Digest

Aug. 01, 2002

Court of Appeals Digest

Aug. 01, 2002

Supreme Court Digest

Jul. 01, 2002

Court of Appeals Digest

Jul. 01, 2002

Legislative Watch - Recently Passed Legislation

Recently passed legislation is offered in response to member requests for more, although highly abbreviated, information on new Wisconsin laws.

Jul. 01, 2002

Supreme Court Digest

Jun. 01, 2002

Court of Appeals Digest

Jun. 01, 2002

Supreme Court Digest

May 01, 2002

Court of Appeals Digest

May 01, 2002

New Laws Reflect the Power and Potential of DNA

Wisconsin's new DNA statutes update the definition of a DNA profile to reflect modern technology: require preservation of and access to biological evidence after conviction; and relax the statute of limitation in sexual assault cases in which a DNA profile of the perpetrator exists. These changes recognize the power of DNA to prove guilt or innocence.

Apr. 01, 2002

Court of Appeals Digest

Apr. 01, 2002

Supreme Court Digest

Mar. 01, 2002

Court of Appeals Digest

Mar. 01, 2002

Supreme Court Digest

Feb. 01, 2002

Court of Appeals Digest

This column summarizes selected published opinions of the Wisconsin Court of Appeals.

Feb. 01, 2002

Supreme Court Digest

Feb. 01, 2002

Supreme Court Orders

On March 12, 2002, at 9:30 a.m., the Wisconsin Supreme Court will hold a public hearing on Order 01-01 (rules governing prosecutors) in the Supreme Court Room in the State Capitol. The court also will hold a public hearing on April 17 at 9:30 a.m. on Order 01-14 (regarding court reporters) and on Order 01-17 (regarding court interpreter code of ethics), also in the Supreme Court Room, State Capitol. In addition, the court has modified Supreme Court Rules regarding eligibility as guardian ad litem (Order

Feb. 01, 2002

To Catch a Thief: Civil Strategies for Handling Embezzlement Cases

Civil strategies for handling embezzlement cases encompass many issues and complications different from those involving proof of the act. This primer offers strategies for issues affecting the employer, the embezzler, and the embezzler's spouse.

Jan. 25, 2002

A call for service: Temporary measures in a budget crisis

Wisconsin has a long tradition of ensuring justice for all. Wisconsin attorneys have a long tradition of serving the public. I am asking you to help with the crisis facing the State Public Defender (SPD) as it responds to severe budget cuts.

Apr. 09, 1999

Public Defender's office and State Bar sponsor public forums

Wisconsin's latest Juvenile Code changes and the soon-to-take-effect Truth in Sentencing law will be discussed by a panel of experts this spring in two public forums.

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Excluded Evidence Okay on Rebuttal, Wisconsin Supreme Court Concludes

Fingerprint evidence that was excluded from the state’s case-in-chief was properly admitted on rebuttal, a Wisconsin Supreme Court majority has ruled, because the evidence could be used to rebut defendant Brent Novy’s actual testimony.

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Permission Not Required for Citation to PSI Reports in Appellate Briefs

Wisconsin’s State Public Defender office, backed by state prosecutors, successfully attacked a state appeals court decision that required court permission before citing presentence investigation reports (PSI) in appellate briefs.

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After Child’s Death, Father was Not in Custody When He Asked for a Lawyer

The father of a child killed by morphine overdose told police detectives he wanted a lawyer when questioned about the circumstances. Then he changed his mind, supplying information that prosecutors used to obtain a conviction.

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High Court Acceptance of DNA at Arrest Law Paves Way for Wisconsin Plan

A decision released today by the U.S. Supreme Court upholds laws allowing police to take DNA at arrest for serious offenses, meaning Wisconsin’s plans for a DNA at arrest law can proceed with greater constitutional certainty.

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Defendant Had No Right to Be Present for In-Chambers Discussions with Jurors

Criminal defendants have a constitutional right to be present at their own trials. But that right does not extend to in-chambers discussions between judge and juror during trial, the Wisconsin Supreme Court has clarified.

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Appeals Court Okays New Law Allowing Hearsay Evidence at Preliminary Examinations

A state appeals court has rejected a facial constitutional challenge to a new law, passed in 2012, that allows the use of hearsay evidence in preliminary examinations to determine whether there’s probable cause to charge a suspected felon.

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Supreme Court Adds Three Cases, One Involving Legal Malpractice Insurance

The Wisconsin Supreme Court will hear two more criminal cases and one case involving a dispute over legal malpractice coverage in the next term. The previous term ended June 30, 2014, but the court is back in action after Labor Day.

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