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High court discusses stipulated vacatur

The state Supreme Court continues to look at a proposal designed to keep litigants from bargaining with court decisions. Last week, the court resumed discussions on a proposal to eliminate stipulated reversal and stipulated vacatur. The Supreme Court "approved in ...

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Inaccurate info results in vacated sentence

Hon. Charles B. Schudson Where a prosecutor informed the court on several occasions at sentencing that a defendant beats pregnant women, without factual basis for that assertion, the sentence must be vacated, the Wisconsin Court of Appeals held on Nov. ...

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Sentencing Case Analysis

If published as recommended, the decision has potential to be of enormous usefulness to defense attorneys handling appeals. It goes without saying that bringing a postconviction motion to challenge a sentence as having been based on inaccurate information is one ...

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Standing Case Analysis

The decision in this case that Lake Country lacks standing to bring the suit is consistent with the case law. Unfortunately, however, the court’s analysis only further muddles what is already a very convoluted body of case law concerning standing ...

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Taxpayer needs pecuniary loss to have standing

Hon. Harry G. Snyder Without a pecuniary interest, a taxpayer cannot bring a suit for declaratory judgment challenging a municipality’s zoning amendment or the creation of a Tax Incremental Financing District (TID), the Wisconsin Court of Appeals held on Nov. ...

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Guarantor

The decision here is a good one to keep handy for use in dissuading clients who wish to guarantee their children’s loans from doing so. The question is whether anything can be done for those clients who persist in their ...

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Another reducing clause held ambiguous

Hon. Thomas Cane On Oct. 29, the Wisconsin Court of Appeals again held a reducing clause in an underinsured motorist (UIM) policy unenforceable, finding it confusing, misleading, and contradictory. In September 1995, Gary Hanson was injured in an automobile accident. ...

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Immunity

A decision governing state legislators’ immunity from arrest, citing exclusively ancient authority as precedent, may seem of little relevance to the average attorney or citizen. Ironically, however, the decision is of great significance to citizens ranging from the most civic-minded ...

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Stiffer sentence after appeal upheld

The imposition of a longer sentence after a successful appeal of the original sentence by the defendant did not violate due process, the Wisconsin Court of Appeals held on Oct. 30, where the victim’s condition had worsened since the original ...

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Court considers citing unpublished opinions

Hon. Patience Roggensack The state’s high court appears to be on the brink of modifying a key element of case citation. The Wisconsin Supreme Court has tentatively approved the citation of unpublished opinions, which have been authored. That change would ...

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Biskupic, Lautenschlager vie for A.G.

The race for Wisconsin’s open attorney general’s seat has taken place in the shadow of a heated gubernatorial race. Editor Tony Anderson recently caught up with Vincent R. Biskupic and Peggy A. Lautenschlager, the two candidates looking to succeed James ...

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Repeater Case Analysis

The decision effectively reinstates the decision last year in State v. Jones, 2002 WI App 29, 250 Wis. 2d 77, 640 N.W.2d 151, ordered withdrawn, 2002 WI 53, 252 Wis. 2d 592, 645 N.W.2d 610. In that case, rather than ...

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Sponsor Case Analysis

The decision is arguably incompatible with the Supreme Court decision in Ynocencio v. Fesko, 114 Wis.2d 391, 338 N.W.2d 461 (1983). In Ynocencio, a minor driver was sponsored by his stepmother. The stepmother and the minor’s father had legal custody, ...

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Accommodations exist for cheese cutter

Hon. Michael W. Hoover An employer violated the Wisconsin Fair Employment Act (WFEA) by refusing to modify an employee’s job duties after an automobile accident left her a quadriplegic confined to a wheelchair, the Wisconsin Court of Appeals held on ...

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Accommodation

The decision creates a chasm between state law under the WFEA and federal law under the Americans with Disabilities Act (ADA), but the size of the chasm is questionable. It is unlikely that Catlin could have survived summary judgment were ...

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Waiver requires knowledge of charges

"At the onset of post-charge pretrial police interrogations, the accused must be made aware that the adversarial process has begun and that he or she can request the assistance of counsel at the onset of post-charge pretrial police interrogations." Judge ...

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Sixth Amendment

The decision in this case is indisputably correct, but to the extent that the decision suggests that a defendant can validly waive his Sixth Amend-ment right to counsel without being informed of the charges against him, based only on Miranda ...

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Detention (67194)

The decision points out the need for an explicit adaptation of the factors to be considered pursuant to State v. Guzy, 139 Wis. 2d 663, 667, 407 N.W.2d 548 (1987), when determining the lawfulness of a stop and detention that ...

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Detention

The decision points out the need for an explicit adaptation of the factors to be considered pursuant to State v. Guzy, 139 Wis. 2d 663, 667, 407 N.W.2d 548 (1987), when determining the lawfulness of a stop and detention that ...

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'Parcel' includes all contiguous farmland

Hon. Gregory A. Peterson In determining whether property is part of a "parcel" of land exempt from special assessments as "eligible farmland," all contiguous property of an owner should be considered as one, rather than looking to legal descriptions, the ...

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Statements must be considered individually

Hon. Ralph Adam Fine When determining whether to admit a hearsay statement as a statement against interest, each declaration is to be viewed separately, the Wisconsin Court of Appeals held on Sept. 24. Conflicting Stories In September 2000, ninety-two-year-old Constance ...

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Hearsay

The decision is the second by the court of appeals this year to apply the rule of Williamson that a court must determine the admissibility of each declaration separately to determine if it is a statement against interest. In July, ...

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401(k) losses must be shared by divorcees

We fail to see how “fairness” would be served by shielding Susan from any post-divorce decline in plan value, while imposing the entire loss on Daniel. Judge David G. Deininger Wisconsin Court of Appeals Where a marital settlement agreement unambiguously ...

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