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Author Archives: dmc-admin

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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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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2009AP50-CR State v. Dougan

Criminal ProcedureIneffective assistance; sentencing Don Allan Ray Dougan appeals a judgment, entered upon a jury's verdict, convicting him of two counts of repeated sexual assault of the same child and one count of possession of a firearm by a felon. ...

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2009AP13 Mehra v. Chang, et al.

TortsMedical malpractice; statute of limitations Nilima Mehra appeals pro se from a corrected order dismissing her medical malpractice claims against Drs. Steven I. Chang, John E. Whitcomb and Robert C. Hardie, and St. Luke's Medical Center ("the doctors and St. ...

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2009AP1792-CR State v. Byrne

Sentencing2d-degree sexual assault of a child; guidelines Michael T. Byrne appeals a judgment sentencing him for attempted second-degree sexual assault of a child. He also appeals an order denying his postconviction motion for resentencing alleging he was sentenced on erroneous ...

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William Eisler v. West Bend Mutual, et al.

CONSTRUCTION ACCIDENT: $8.8 MILLION Court: Waukesha County Circuit Court Case name: William Eisler v. West Bend Mutual, et al. Case No: 07-CV-2734 Judge: Honorable Michael Bohren Verdict: In favor of plaintiff Award: $8.8 Million Special damages: Past medical damages: $1,239,492 ...

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2009AP3098 In the interest of Jalacea W.

JuvenilesTPR; ineffective assistance Maceo W. appeals from the trial court's order terminating his parental rights to Jalacea W. and from the trial court's order denying his motion for post-termination relief. He contends, on numerous grounds, that his trial counsel was ...

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2009AP1654-CR State v. Bleskacek

SentencingAdjustment Daniel J. Bleskacek appeals an order denying his motion for a sentence adjustment pursuant to Wis. Stat. § 973.195. The circuit court concluded it lacked authority to reduce the initial confinement term that Bleskacek had already served. Bleskacek also ...

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2009AP1922-CR State v. Jensen

Probation and ParoleProbation extension; due process William Jensen, Jr., appeals an amended judgment of conviction extending and modifying his probation. Jensen argues he was not afforded due process because he did not receive notice of the proceedings. We agree. We ...

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Court sets limits of practice

After more than six years of drafting, negotiating and re-drafting, attorneys in Wisconsin finally have a definition of the practice of law. On June 1, the state Supreme Court unanimously adopted an amended version of the State Bar of Wisconsin’s ...

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09-5201 Barber v. Thomas

SentencingGood-time calculation Because the Bureau of Prisons' method for calculating good time credit reflects the most natural reading of the statute, it is lawful. The statute's language and purpose, taken together, support the BOP's method. That method tracks §3624(b)'s language ...

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08-998 Hamilton v. Lanning

BankruptcyProjected disposable income When a bankruptcy court calculates a debtor's projected disposable income, the court may account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation. Respondent has the better ...

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