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Appeal Case Analysis

It should be expected that, in light of this decision, it will become standard operating procedure for prosecutors to file motions to dismiss before the appellant’s brief deadline, whenever a plea agreement contains a waiver of the right to appeal. ...

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Habeas Corpus Case Analysis

The effect of the decision is that, for all practical purposes, a defendant can obtain a second shot at appeal, regardless of whether his appellate counsel files an appeal or a no-merit brief. In the recent decision by the Wisconsin ...

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Investiture celebrates Justice Roggensack

Patience D. Roggensack is sworn in as Wisconsin’s 72nd Supreme Court justice while her son, Matthew, holds the family Bible “Fair.” “Even-handed.” Author of “high-quality opinions.” These were just a few of the words of praise directed at the state’s ...

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Bablitch ends court career on top

Justice William A. Bablitch In the Wisconsin Supreme Court’s 2002-03 term, Justice William A. Bablitch was the justice most likely to be in the majority, displacing Justice David Prosser, who had occupied that position the two previous terms. On the ...

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Public Relations as Litigation Support

"In situations where companies are trying to protect their brands, reputation and image, being damaged in the court of public opinion often means they are losing the larger battle, regardless of what happens in the courtroom." Evan N. Zeppos Zeppos ...

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Slip and fall does not arise from employment

“To use worker’s compensation cases as precedent for construing the exclusion in the general liability policy is at odds with insurance law principle that we are to interpret the language of an insurance policy according to what a reasonable person ...

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Exclusions Case Analysis

It should be assumed that this decision is limited to employers that are also Indian casinos, and thus, exempt from worker’s compensation laws. Nevertheless, if one accepts the court’s reasoning as sound, the only logical result is that private employers’ ...

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Roggensack joins the Supreme Court

Hon. Patience D. Roggensack The latest addition to the state’s highest court is very enthusiastic about her new judicial role. Acknowledging that it still doesn’t seem real, Justice Patience D. Roggensack said her first few weeks have been enjoyable. Until ...

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Discrimination Case Analysis

Because most age discrimination cases the Seventh Circuit considers involve summary judgment, rather than a trial, the decision in this case is particularly useful as precedent. That the plaintiff was successful also makes the case noteworthy. The case is most ...

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Criminal history points cannot be adjusted

A district court cannot grant a “safety valve reduction” to a defendant’s sentence, even if his criminal history category overstates the seriousness of his prior offenses, the Seventh Circuit held on Aug. 22. Victor Vega-Montano pleaded guilty to one count ...

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Safety Valve Case Analysis

Much of the majority’s discussion, as well as the reasoning of the trial court, misses the mark as to why the case must be decided this way. One of the cases cited with approval by the court will be more ...

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Finding of age discrimination upheld

The Seventh Circuit held on Aug. 28 that the evidence was sufficient to support a jury’s finding of age discrimination, where the employer had previously attempted to lay off the employee during a reduction in force (RIF), gave shifting reasons ...

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Badger Mutual Insurance: One year later

“Every case is an individual case and in Badger Mutual, they reaffirmed the decision in Dowhower that reducing clauses are enforceable only if the policy clearly sets forth that the insured is purchasing a fixed level of UIM coverage that ...

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Interest Case Analysis

The case is a likely one to be reviewed by the Supreme Court for several reasons: the inconsistency in the court of appeals’ classification of whether or not sec. 807.01(4) is punitive; the court’s invitation that it do so; and ...

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Court equates statutes of limitation

Landis v. Physicians Insurance Co. of Wisconsin, Inc., 2001 WI 86 effectively overruled Leverence v. United States Fidelity & Guaranty, 158 Wis. 2d 64, 462 N.W.2d 218 (Ct. App. 1990), which had held that Wisconsin’s borrowing statute, sec. 893.07, applied ...

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Repose Case Analysis

The court’s decision is somewhat overbroad in its sweeping language in two places that Landis “abandons any distinction between a statute of limitations and a statute of repose.” Landis does no such thing, however. It merely holds that, when the ...

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Conviction reversed due to many errors

“While we take no position whether the hypnosis session violated Armstrong’s requirements, counsel should have at least presented available expert testimony challenging the hypnosis session and the reliability of Rene’s testimony.” Hon. Thomas Cane Wisconsin Court of Appeals On Aug. ...

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Hypnosis Case Analysis

As only the second court of appeals’ decision since Armstrong was decided to consider hypnotic testimony, the decision has great importance (the other is State v. Coogan, 154 Wis.2d 387, 453 N.W.2d 186 (Ct.App.1990)). Furthermore, as a result of the ...

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Revocation Case Analysis

Although the court declined to decide Russell’s second argument, the court’s dicta suggests that the second supervised release, and a subsequent revocation and reimprisonment would be lawful. This creates an interesting anomaly, in that sometimes, when a court imposes the ...

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Sullivan takes helm in Milwaukee

Hon. Michael P. Sullivan Milwaukee County’s new chief judge plans to draw upon his 26 years as a circuit court judge and five years as a court commissioner as he takes the helm of the state’s largest judicial district. Judge ...

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No clear error in excluding statements

“Even if the Illinois Supreme Court’s application of Chambers was not unassailable, as shown by the contrary inferences drawn by the Illinois appellate court using the same law and the same facts, by the same logic it also was not ...

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Penal Interest Case Analysis

Inasmuch as the case is only a federal court review of an Illinois state court conviction, carrying as it does an exceedingly deferential standard of review, the decision has no precedential value save in federal habeas actions. However, the majority’s ...

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Court adopts sophisticated user defense

Hon. Richard S. Brown The Wisconsin Court of Appeals on Aug. 6 adopted the “sophisticated user defense,” holding that a manufacturer of a dangerous product has no duty to warn a sophisticated user with equal knowledge of the product’s propensities. ...

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Sophisticated Case Analysis

The policy reasons given by the court for adopting the sophisticated user defense are, as the court concluded, sound. As the court found, the foundry is in a far better position to ensure workplace safety, and in a better position ...

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Insurer must defend property damage

“Exclusion F excludes coverage for bodily injury or physical injury to tangible property. While this may apply to some claimed damage, the Droegkamps also allege pecuniary damage, damage not excluded by the policy.” Judge Harry G. Snyder Wisconsin Court of ...

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