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State Sovereignty — navigable waters (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:53 am

BY: WISCONSIN LAW JOURNAL STAFF

10-218 PPL Montana, LLC, v. Montana

Civil Rights — qualified immunity (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:51 am

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10-704 Messerschmidt v. Millender

Civil Procedure — mootness (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:50 am

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09-958 Douglas v. Independent Living Center of Southern California, Inc.

Sentencing — abuse of trust enhancement (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:49 am

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11-1511 U.S. v. Bradshaw

Criminal Procedure — successive appeals (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:40 am

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2010AP1720 State v. Jackson

Consumer Protection – HIPA — attorney fees (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:38 am

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2010AP2831 Integrity Construction Group Inc. v. Neary

Criminal Procedure — speedy trial — Confrontation Clause — ineffective assistance (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:37 am

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2011AP38-CR, 2011AP39-CR State v. Jacobson

Criminal Procedure — double jeopardy (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:35 am

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2011AP82 State v. Wilfert

Search and Seizure — warrantless searches — plain view (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:34 am

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2011AP188-CR State v. Bunch

Evidence — other acts (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:33 am

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2011AP284-CR State v. Nash

Family – maintenance – modification — change in circumstances (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:31 am

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2011AP600 In re the marriage of: Imig v. Imig

Sentencing — presentence credit (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:30 am

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2011AP774-CR State v. Brewer

Insurance — CGL policies — duty to defend — economic damages (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:28 am

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2011AP1041 Tabor v. Kronich, et al.

CCW — sufficiency of the evidence (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:27 am

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2011AP630-CR State v. Powell

Contracts — stock re-purchase agreements — good faith (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:26 am

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2011AP788 Beidel v. Sideline Software, Inc.

Immigration – removal — aggravated felonies (access required)

POSTED: Tuesday, February 21st, 2012 at 10:17 am

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10-577 Kawashima v. Holder

Criminal Procedure — Miranda warnings — custody (access required)

POSTED: Tuesday, February 21st, 2012 at 10:15 am

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10-680 Howes v. Fields

Sentencing — sexual assault (access required)

POSTED: Friday, February 17th, 2012 at 10:48 am

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11-2293 U.S. v. Henzel

Social Security – assignment (access required)

POSTED: Thursday, February 16th, 2012 at 1:47 pm

BY: WISCONSIN LAW JOURNAL STAFF

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United States Court of Appeals For the Seventh Circuit
Civil
Social Security — assignment
Spending money with a source in Social Security benefits is distinct from assigning the benefit stream itself.
“If using Social Security benefits to fund payments on a debit card were treated as an ‘assignment’ of those benefits, then merchants would fear that payments would be [...]

Civil Procedure – Removal – remand (access required)

POSTED: Thursday, February 16th, 2012 at 10:50 am

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United States Court of Appeals For the Seventh Circuit
Civil
Civil Procedure – Removal – remand
When all federal claims have been dropped from a lawsuit removed to federal court, it was not an abuse of discretion to remand the case to state court, even if trial was only a few days away.
“When federal claims drop out of [...]

Criminal Procedure – Miranda warnings – custody (access required)

POSTED: Thursday, February 16th, 2012 at 10:48 am

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United States Court of Appeals For the Seventh Circuit
Criminal
Criminal Procedure — Miranda warnings — custody
Where a defendant was believed he would be free to leave questioning to attend a parent-teacher conference later, he was not in custody.
“We note that the most probative factor for the district court in determining that there was not a custodial [...]

Contracts – breach – equitable estoppel (access required)

POSTED: Thursday, February 16th, 2012 at 10:46 am

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Wisconsin Court of Appeals
Civil
Contracts – breach — equitable estoppel
Paul Tessmer, Capitol Warehousing Corporation, Wisconsin Storage and Transportation Corporation and Tessmer Investments, LLC, appeal an order of summary judgment in favor of Curtis Jahn on a breach of contract claim Jahn brought against the appellants, as well as a judgment entered in favor of Jahn. We [...]

Employment – public employment – pension benefits (access required)

POSTED: Thursday, February 16th, 2012 at 10:44 am

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Wisconsin Court of Appeals
Civil
Employment — public employment — pension benefits
Mark Ryan appeals the circuit court’s order vacating the denial of his claim for additional pension benefits and remanding for further proceedings before the County of Milwaukee Pension Board of the Employees’ Retirement System. Ryan’s claim before the Pension Board is based on his assertion that [...]

Prisoner classification – mootness (access required)

POSTED: Thursday, February 16th, 2012 at 10:43 am

BY: WISCONSIN LAW JOURNAL STAFF

Wisconsin Court of Appeals
Criminal
Prisoner classification — mootness
Thomas Stanton, pro se, appeals an order dismissing his petition for certiorari review of an inmate program review decision. The issues involve exhaustion of administrative remedies and mootness. We conclude the petition is moot and affirm the order. This opinion will not be published.
2011AP516 State ex rel. Stanton v. [...]

Motor Vehicles – OWI – reasonable suspicion (access required)

POSTED: Thursday, February 16th, 2012 at 10:42 am

BY: WISCONSIN LAW JOURNAL STAFF

Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — reasonable suspicion
The State of Wisconsin appeals a circuit court order granting Anthony James Wilson’s motion to suppress evidence in its case alleging fourth offense operating a motor vehicle while intoxicated and fourth offense operating a motor vehicle with a prohibited alcohol concentration. The State argues that, contrary [...]

Criminal Procedure — double jeopardy (access required)

POSTED: Wednesday, February 15th, 2012 at 11:30 am

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10-2337 U.S. v. Halliday

Motor Vehicles – OWI — reasonable suspicion (access required)

POSTED: Wednesday, February 15th, 2012 at 11:16 am

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2011AP1538-CR State v. Wittrock

Motor Vehicles – OWI — reasonable suspicion (access required)

POSTED: Wednesday, February 15th, 2012 at 11:14 am

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2011AP2226-CR State v. Griffiths

Contracts – breach — damages (access required)

POSTED: Tuesday, February 14th, 2012 at 11:35 am

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2011AP213 Devine v. Germantown Mutual Insurance Co., et al.

Criminal Procedure — ineffective assistance (access required)

POSTED: Tuesday, February 14th, 2012 at 11:34 am

BY: WISCONSIN LAW JOURNAL STAFF

2011AP450-CR State v. Burton

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