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Immunity Case Analysis

Should the decision in this case receive further review in the Wisconsin Supreme Court, that portion of the decision abrogating Mary Anne’s immunity is all but certain to be reversed. The court of appeals in this case set forth section ...

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Plea Agreement Case Analysis

Given the importance of this issue, it should be expected that the State will seek review in the Wisconsin Supreme Court, and that review will be granted. In the meantime, a flood of motions from prisoners affected by this decision ...

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Appeals court defines 'in the care of'

Hon. Michael W. Hoover The Wisconsin Court of Appeals on Nov. 19 adopted an eight-factor test for determining when a person is "in the care of" an insured, under a homeowner’s policy. No Smoking Virginia Kriegel owned a home insured ...

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Care Case Analysis

This is a decision that will apply not only when a plaintiff is asserting that a negligent party was in the care of another, but also when a defendant asserts that an injured party was in his or her care. ...

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Self-Incrimination Case Analysis

The decision leaves open a number of questions for future cases, concerning both the Fifth Amendment and waiver issues. In a footnote, the court stated, "The parties and the amicus disagree about whether immunity should extend to admissions made during ...

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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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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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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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