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Court considers citing unpublished opinions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 The Wisconsin Supreme Court has tentatively approved the citation of unpublished opinions, which have been authored.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reinstates the decision last year in State v. Jones, 2002 WI App 29, 250 Wis. 2d 77, 640 N.W.2d 151, ordered withdrawn, 2002 WI 53, 252 Wis. 2d 592, 645 N.W.2d 610.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

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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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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Market Losses

Given the recent bear market, especially in some sectors, there is obviously a lot of money riding on the interpretation of this case. Future marital settlement agreements should be carefully reviewed to ensure that they unambiguously allocate risk. The decision ...

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Make the most of opening statements

Jeffery Robinson Silence, during opening statements, is not golden, according to a Seattle criminal defense attorney. Jeffery Robinson of Schroeter Gold-mark & Bender in Seattle has handled more than 200 trials during his time in practice. Robinson drew on his ...

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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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Badger Mutual can be limited to its facts

On July 10, the Wisconsin Supreme Court ruled that an unambiguous clause in an insurance policy, which is specifically-approved by statute, can be rendered invalid if the remainder of that policy does not adequately explain the coverage in which the ...

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