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Commentary

Dec 5, 2017

CRITIC’S CORNER: Defense of jury instruction 140 falls flat

Wisconsin’s criminal jury instruction 140 describes the prosecutor’s burden of proof as “beyond a reasonable doubt.” However, it then contradicts itself by telling the jury “not to search for doubt” but instead “to search for the truth.”

Dec 4, 2017

View from around the state: Schimel acts as if Walker campaign were his client

Attorney General Brad Schimel is not the lawyer for Gov. Scott Walker's re-election campaign. But, in a stunning breach of faith that displays his extreme partisanship, Schimel is acting as if the Walker campaign were his client.

Nov 29, 2017

View from around the state: No Wisconsinite working full time should live in poverty

Democratic lawmakers in Wisconsin have been structurally disempowered by the most crooked of political maneuvers.

Nov 22, 2017

Meeting the challenge to Wisconsin’s criminal jury instruction 140

Kenosha County criminal defense attorney Michael Cicchini is on a quest to revise what he considers Wisconsin’s deeply flawed jury instruction concerning the presumption of innocence and the burden of proof.

Nov 15, 2017

Court finds handwritten note not enough for payable-on-death account

Todd Mueller had a terrible, horrible, no good, very bad day in court. He walked into the Winnebago County Courthouse hoping to be declared the beneficiary of $200,000, but walked out with nothing. He had sued Thomas Edwards and Martina Welke arguing that he was the rightful beneficiary of money his neighbor had deposited in […]

Nov 13, 2017

View from around the state: Keep your hands off the US Constitution

America doesn't need an unprecedented and dangerous constitutional convention to balance its federal budget. It needs real leadership, more courage and cooperation in Washington.

Nov 9, 2017

RIGHT TO WORK: Better get used to it in Wisconsin

The Wisconsin Court of Appeals recently upheld Wisconsin’s right-to-work law in its decision in International Assoc. of Machinists District 10 and its Local Lodge 1061 v. State of Wisconsin, 2017 WI App 66.

Oct 31, 2017

Wisconsin’s central role in the future of partisan gerrymandering

On Oct. 3, the U.S. Supreme Court heard oral arguments in the case Gill v. Whitford.

Oct 26, 2017

Case shows difficulty of untangling who is owed bundled debt

The phenomenon of corporate purchases of bundled consumer debt is nothing new. What is new is the question of what a successor buyer must show to collect on individual debt accounts within the bundle.

Oct 23, 2017

View from around the state: Keep police video under Open Records Law

An Assembly bill to restrict the release of body camera recordings would undermine the main rationale for equipping police officers with video devices.

Oct 16, 2017

Does defense victory in Blackman case go far enough?

Whether we practice as litigators or transactional attorneys, we have all dealt with convoluted statutes and regulations which, at times, seem deliberately contorted to frustrate the legal practitioner, or perhaps, penned with the intent of making certain that we will always have work. Which of these two the Legislature had in mind when it drafted […]

Oct 16, 2017

View from around the state: Making civility part of education

We are unapologetic defenders of the First Amendment — free speech, free press, freedom to assemble and ask the government to redress grievances, and religious freedoms.

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