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Blogs

Jul 5, 2016

BENCH BLOG: Supreme Court has wrong say on pro se

The 7th Circuit Court of Appeals recently rebuked the Wisconsin Supreme Court for a 2010 opinion upholding a Waukesha County judge’s cursory denial of a defendant’s right to self-representation.

Jul 1, 2016

CRITIC’S CORNER: The truth (about jury instruction 140) is out there

In my column from March, I wrote about Wisconsin’s criminal jury instruction 140. This instruction explains the notion of reasonable doubt, but then, strangely, concludes by telling jurors “not to search for doubt” when rendering their verdict but instead “to search for the truth.”

Jun 14, 2016

BENCH BLOG: Court weighs in on difference between custody, detention

A sexual-assault case provided the context for the Court of Appeals to distinguish a formal arrest from detention in one’s home during the execution of a search warrant.

Jun 6, 2016

CRITIC’S CORNER: Convicting Avery (and overturning Denny)

The wildly popular Netflix documentary “Making a Murderer” chronicles the two convictions of Steven Avery. The bulk of the documentary concentrated on Avery’s second case — his trial for the murder of Teresa Halbach — in which there was a great deal of evidence that someone else, other than Avery, committed the crime.

May 23, 2016

BENCH BLOG: Sheriff fights law, law wins

A sheriff did battle with the open records law and lost.

May 11, 2016

ON THE DEFENSIVE: Wisconsin has enough prosecutors

Attorney General Brad Schimel has announced his plan to ask the Legislature for millions more dollars to hire more prosecutors throughout the state.

May 10, 2016

Should grandparents have visitation rights?

In a rare unanimous decision, the Wisconsin Supreme Court construed the meaning of the statute on grandparents’ visitation rights after a divorce.

May 9, 2016

Federal judge admonishes attorney for cursing at prosecutor

A federal judge has publicly admonished a longtime Cleveland criminal defense attorney after he swore at a prosecutor and called him profane names during a November sentencing hearing: http://bit.ly/1NoR5UM

May 3, 2016

BRIEFS FOR THE BRIEF WRITER: Posner on prose: Oft-cited federal judge dispenses writing advice

Formidable 7th Circuit Judge Richard Posner recently published in the winter edition of the legal journal "Green Bag" the delightfully readable first installment of a two-part article: What is Obviously Wrong With the Federal Judiciary, Yet Eminently Curable.

May 2, 2016

Open letter to next State Bar president-elect: Lawyers should be allowed to discuss public aspects of closed cases

The next president of the Wisconsin State Bar, Paul Swanson, has promised to serve the organization's members in a variety of ways. I take him at his word, and am writing this open letter to suggest a starting point.

Apr 19, 2016

Case tests limits of exception for dying declarations

In Judge William Brash’s first published appellate opinion, he tackles the hearsay exception for dying declarations.

Apr 14, 2016

Trial judge asks how grenade-like device works … boom

A trial in an anti-terrorism court in Pakistan was dramatically halted earlier this week after the judge asked a police officer how an explosive — that authorities say they took from the defendant — worked: http://www.abajournal.com/news/article/trial_j[...]

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