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Author Archives: dmc-admin

09-3345 Lantz v. CIR

TaxInnocent spouses A taxpayer seeking relief as an innocent spouse must seek relief within 2 years of the notice of intent to levy. "Lantz points out that the circumstances bearing on the equities of a claim for equitable relief may ...

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2009AP1842 In re the marriage of: Kelly v. Kelly

FamilyProperty division Michael Kelly and Adele Kelly cross-appeal various aspects of the property division in their divorce judgment. Michael appeals the trial court's inclusion of dissipated assets in the marital estate, while Adele cross-appeals the trial court's methodology for dealing ...

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2009AP1779 County of Milwaukee v. Manske

Motor VehiclesOWI; reasonable suspicion; probable cause Caleb L. Manske appeals from the judgment of conviction entered by the trial court after a six-person jury found him guilty of violating the Milwaukee County ordinance making it unlawful to operate a motor ...

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09-367 Dolan v. U.S.

SentencingRestitution A sentencing court that misses the 90-day deadline nonetheless retains the power to order restitution, if the court made clear prior to the deadline’s expiration that it would order restitution, leaving open only the amount.Several considerations lead to this ...

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Distraction not device maker’s fault

Ashville, N.C. (Dolan) — Motorists injured in a 2008 pileup should not be able to recover from the maker of a communications device a trucker was using when the wreck happened, a federal magistrate has recommended. U.S. Magistrate Judge Dennis ...

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Judges can join political parties

The Seventh Circuit today affirmed an opinion by Judge Barbara Crabb, holding that Wisconsin judges may join political parties. Judge Tinder wrote for the court, “The state does not have a compelling interest in preventing candidates from announcing their views ...

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2008AP2843 In re the commitment of Ronald Keith

Sexually Violent PersonsMental health experts; reimbursement Ronald Keith appeals the order denying his petition for discharge from a Chapter 980 commitment, and an order directing him to reimburse the county for the cost of a court-appointed mental health expert. We ...

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08-1322 Astrue v. Ratliff

Civil ProcedureEAJA; attorney fees An award of attorney fees pursuant to the Equal Access to Justice Act is payable to the litigant, and thus is subject to offset to satisfy the litigant’s pre-existing debts to the government.Nothing in EAJA contradicts ...

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10-C-0163 Bilgrien v. Pugh

Criminal ProcedureHabeas corpus; timeliness When a state prisoner does not seek review of his conviction in the state court of last resort, he is not entitled to 90 extra days in which to file a federal habeas corpus petition. "[C]ase ...

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09-2619 Chen v. Holder

ImmigrationAsylum; persecution Where an asylum claimant from China was arrested for engaging in political litigation, and her father beaten, she may be eligible for asylum based on persecution on account of political opinion. "The Board's failure to address the time, ...

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Laron Birmingham, a Minor, by David P. Lowe, Guardian ad Litem and Kishia Lee v. Injured Patients and Families Compensation Fund, Lifetime OB/GYN, Ltd.; Dr. Donald Baccus; St. Joseph Regional Medical Center, Inc.

MEDICAL MALPRACTICE: $23.2 MILLION Case name: Laron Birmingham, a Minor, by David P. Lowe, Guardian ad Litem and Kishia Lee v. Injured Patients and Families Compensation Fund, Lifetime OB/GYN, Ltd.; Dr. Donald Baccus; St. Joseph Regional Medical Center, Inc. Case ...

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09-3825 & 09-3883 Khan v. Holder

ImmigrationJudicial review Claims arising in expedited removal proceedings are not reviewable. "As relevant here, the district court rejected the plaintiffs' argument that expedited removal procedures should apply only to aliens whose travel documents are facially invalid and that aliens found ...

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09-5327 Holland v. Florida

Habeas CorpusEquitable tolling 28 U.S.C. 2244(d), the AEDPA statute of limitations, is subject to equitable tolling in appropriate cases.Several considerations support the Court’s holding. First, because AEDPA’s “statute of limitations defense . . . is not ‘jurisdictional,’ ” Day v. ...

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09-60 Carachuri-Rosendo v. Holder

ImmigrationAggravated felonies Second or subsequent simple possession offenses are not aggravated felonies under sec. 1101(a)(43) when the state conviction is not based on the fact of a prior conviction.Considering the disputed provisions’ terms and their “commonsense conception,” Lopez, 549 U. ...

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Who’s Doing What?

DeWitt Ross & Stevens has announced that John M. “Jack” Koeppl, a retired partner with the firm in Madison, died on June 4, 2010. He was 68. Koeppl had more than 38 years of legal experience, with a focus in ...

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2009AP002994 State v. Melody P.M.

Criminal ProcedureExpunction; civil forfeitures The State appeals an order of the circuit court expunging Melody P.M.'s civil conviction for retail theft in violation of Dane County Ordinance § 32.03 (June 2003). The State contends that the court did not have ...

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Rogers vs. Kleinhas, et al.

PERSONAL INJURY: $1.7 MILLION Case name: Rogers vs. Kleinhas, et al. Case no: 08-CV-1100 Court: Washington County Circuit Court Judge: Hon. Patrick Faragher Injuries alleged: Cervical Spine Injury which required two surgeries Original amount sought: $2.5 Million Highest offer: $1.7 ...

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09-1713 Siefert v. Alexander

Constitutional LawFirst Amendment; judges A state may not bar its judges from belonging to political parties, but it may bar them from endorsing partisan candidates and personally soliciting campaign contributions.“After considering the parties’ cross-motions for summary judgment, the district court ...

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09-3804 U.S. v. Lewis

Search and SeizureWarrantless entry; consent Consent to a warrantless entry is not invalid, even though it was obtained by a private security guard accompanied by detectives, rather than the detectives themselves.“Lewis’s primary argument is that his consent was invalid because ...

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