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Governmental immunity law weakened

Yet another Wisconsin Supreme Court justice has joined the chorus calling for reexamination of how the court interprets the governmental immunity statute. On July 2, in the case of Pries v. McMillon, Justice Michael J. Gableman wrote a dissenting opinion, ...

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2008AP3135 Society Insurance v. LIRC

Constitutional LawDue process; contract clause Retroactive application of secs. 102.17(4) and 102.66(1), to shift responsibility for traumatic work injuries from the Work Injury Supplemental Benefit Fund to the employer or insurer, is unconstitutional. "Shifting the burden of traumatic injury benefits ...

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2008AP2342-CR State v. Jones

Criminal ProcedureRight to counsel Indigent defendants do not have a right to reject appointed counsel in favor of substitute counsel. "Jones has not cited any case where a court has so held, and we are unaware of any. Of course, ...

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2009AP3-CR State v. Cross

Criminal ProcedurePlea withdrawalWhere a defendant is told that he faces a maximum possible sentence that is higher, but not substantially higher, than that authorized by law, the circuit court has not violated the plea colloquy requirements, and the defendant is ...

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09-149-7 Whitefeather v. Wiese

BankruptcyDefault judgment Where debtors failed to attend a pretrial or respond to parties who filed an adversary action, default judgment is vacated, but entry of default is not. “The Wieses, by contrast, could have attended the pretrial. They certainly could ...

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2009AP2118-CR State v. Grabowski

SentencingNew factors; restitution Michael J. Grabowski appeals the judgment and amended judgment entered after he pled guilty to one count of theft of movable property with a value of between $2,500 and $5,000. See Wis. Stat. § 943.20(1)(a). He also ...

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2009AP1297 Waterstone Bank SSB v. Panenka, et al.

Consumer ProtectionTILA Kimberly A. Panenka appeals from a judgment granting WaterStone Bank SSB a judgment of foreclosure against her and determining the amount rescindable under a 2007 refinance transaction. Panenka argues that WaterStone did not provide acceptable disclosure of her ...

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08-3611 U.S. v. Neal

SentencingCrack cocaine Where the sentencing judge denied an 18 U.S.C. 3582(c)(2) motion, citing facts not in the record, the sentence must be vacated. "We do not know whether anything untoward has occurred. But we also do not know where the ...

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2009AP25-CR State v. Rhodes

Criminal ProcedureRight to cross-examine Olu A. Rhodes appeals a judgment entered after a jury found him guilty of first-degree intentional homicide as party to a crime, see Wis. Stat. §§ 940.01(1)(a) & 939.05, and first-degree recklessly endangering safety as party ...

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10-2359 U.S. v. Blagojevich

Criminal ProcedureRight to public trial It was error to refuse to disclose jurors' names until after trial without an evidentiary hearing."[B]ecause the judge acted without evidence, and the arguments at the brief hearing on the motion to intervene postdated the ...

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2009AP1249-CR State v. Gonzalez

EvidencePsychological profile evidence After the state amended a defendant's charge from first-degree sexual assault of a child to exposing a child to harmful material, the defendant could no longer present expert testimony regarding his psychological profile. "Despite Gonzalez's efforts to ...

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09-1426 U.S. v. Tapia

Search and SeizureProtective sweeps In executing an arrest warrant, it was not unreasonable for the officers to search the basement of the house as part of the protective sweep. "Although the defendant claims that the configuration of the basement in ...

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08-2566 U.S. v. Perez

Criminal ProcedureRight to be present It did not violate a defendant's right to be present at trial by conducting the jury instruction conference in his absence. "Perez's argument is misplaced. Courts are not in the business of holding hearings to ...

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2009AP340-CR State v. Sadowski

EvidencePresent recollection refreshed Corey A. Sadowski has appealed from judgments convicting him of one count of the repeated sexual assault of the same child in violation of Wis. Stat. § 948.025(1) (1997-98), and two counts of child abuse in violation ...

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09-3060 U.S. v. Paige

SentencingReasonableness A 96-month sentence for robbing four banks is not unreasonable. "Even if the judge did not adequately address these arguments, we regularly affirm sentences where the district judge does not explicitly mention each mitigation argument raised by the defendant. ...

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2009AP1672-CR State v. Garrison

Criminal ProcedureSuccessive appeals Anthony Garrison, pro se, appeals an order denying his motion to rescind restitution. The circuit court determined Garrison's motion was procedurally barred. We agree and affirm the order. This opinion will not be published. 2009AP1672-CR State v. ...

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2009AP976-CR State v. Habersat

Criminal ProcedureIneffective assistance; other acts evidence Raymond A. Habersat appeals from a judgment of conviction for one count of first-degree sexual assault of a child, contrary to Wis. Stat. § 948.02(1) (2005-06), and from orders denying his motion for postconviction ...

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2009AP1998-CR State v. Eggenberger

SentencingNew factors Charles Eggenberger appeals an order denying his request for either sentence modification or resentencing. Eggenberger argues the sentence he received after he was convicted of sexual contact with a child should be reduced because recent research has established ...

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SORNA held constitutional

A sex offender need not know that he is required to register as such after traveling in interstate commerce to violate the federal Sex Offender Registration and Notification Act (SORNA). On July 1, the Seventh Circuit held that the statute ...

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2008AP1521-CR State v. Imani

Criminal ProcedureRight to counsel; right to self-representation Where a defendant did not validly waive his right to counsel, the circuit court could not violate his right to self-representation. "We conclude that the circuit court properly denied Imani's motion to represent ...

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2009AP2248-CR State v. King

SentencingRevocation of extended supervision; reconfinement Morris D. King appeals from an order for reconfinement entered after revocation of his extended supervision and from an order denying his subsequent motion for relief. King asserts his reconfinement sentence was based on inaccurate ...

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