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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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10-1639 In re: Sherwin-Williams Co.

Civil ProcedureJudicial recusal A judge need not recuse himself from a case, although he wrote a law review article addressing an issue in the case. "Sherwin-Williams contends that a reasonable observer could conclude from Judge Adelman's article that he believes ...

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Who’s Doing What?

Godfrey & Kahn, S.C. announces that shareholder Thomas N. Shorter has been appointed Chair of the American Health Lawyers Association's Labor and Employment Practice Group. Shorter’s one-year term will begin on June 26. An active member of the American Health ...

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2010 Up and Coming Lawyers

The staff of the Wisconsin Law Journal is on a mission to acknowledge the rising stars of law with Up & Coming Lawyers 2010, and we need your assistance! If you know an attorney who: Is on the fast track ...

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09-2156 Rama v. Holder

ImmigrationAsylum Where an asylum applicant gave testimony inconsistent with her statements to the immigration officers at the airport, the IJ reasonably found the testimony to be not credible. "In this case, we find that the IJ's credibility determination is supported ...

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09-3473 Poer v. Astrue

EmploymentRetaliation Where an employer followed longstanding practice in not promoting anyone to a vacant position, it was not retaliation against an applicant for testimony he gave in a discrimination action two years earlier. "The unrebutted evidence establishes that, during the ...

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09-223 Levin v. Commerce Energy, Inc.

TaxDiscriminatory taxes; comity Under the comity doctrine, a taxpayer's complaint of allegedly discriminatory state taxation, even when framed as a request to increase a competitor's tax burden, must proceed originally in state court. A confluence of factors in this case, ...

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08-1470 Berghuis v. Thompkins

Criminal ProcedureRight to remain silent Silence during an interrogation does not invoke the right to remain silent. A suspect's Miranda right to counsel must be invoked "unambiguously." Davis v. United States, 512 U. S. 452, 459. If the accused makes ...

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2009AP390 State v. Joiner-El

Criminal ProcedureIneffective assistance Philip Joiner-El, pro se, appeals from an order denying a Wis. Stat. § 974.06 (2007-08) motion alleging ineffective assistance of counsel. We reject Joiner-El's claims and affirm. This opinion will not be published. 2009AP390 State v. Joiner-El ...

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2009AP1610-CR State v. Scott

1st-degree reckless homicideSufficiency of the evidence Sandra Scott appeals from a judgment of conviction of first-degree reckless homicide of a two-and-one-half year-old child. She argues that the evidence was insufficient to establish that she had a subjective awareness that her ...

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2009AP991-CR State v. Garza

Repeated Sexual Assault of a ChildSufficiency of the evidence Jimmy Garza appeals a judgment of conviction. The issue is sufficiency of the evidence. We affirm. This opinion will not be published. 2009AP991-CR State v. Garza Dist IV, Monroe County, McAlpine, ...

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Commentary: Gmail a useful communications tool

Looking for a good, free e-mail provider? Just Google it. About.com released its "Readers Choice Awards 2010" this spring. The overwhelming favorite was Google's Gmail for "Best Free Email Service." Forty-six percent of survey participants opted for Gmail, over competitors ...

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Who’s Doing What?

The law firm of Whyte Hirschboeck Dudek SC announces the addition of three attorneys to its Litigation and Worker’s Compensation practice groups. Dan La Fave, Milwaukee office, focuses his practice on defending product liability and other personal injury cases. La ...

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Roach, et al. v. Dixie Gas Co., et al.

PERSONAL INJURY: ZERO DOLLARS Case name: Roach, et al. v. Dixie Gas Co., et al. Case number: 06-02-0140 Court: Hardeman County, Tenn Judge: Judge Weber McCraw Injuries alleged: Severe PTSD and depression; permanent hearing loss and impaired speech; complete disability; ...

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09-2443 Leonard v. Eastern Illinois University

EmploymentRace discrimination; retaliation Where an employee denied a promotion received the lowest scores of the candidates from all the interviewers, and not just those against whom he had previously filed a civil rights complaint, summary judgment was properly granted to ...

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08-1301 Carr v. U.S.

SORNAEx post facto clause Section 2250 of the Sex Offender Registration and Notification Act does not apply to sex offenders whose interstate travel occurred before SORNA's effective date. The Court rejects the Government's view that §2250(a) requires a sex-offense conviction, ...

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2009AP2534-CR State v. Heindl

BatterySelf-defense instruction Shane Heindl appeals his judgment of conviction for misdemeanor battery, contrary to Wis. Stat. § 940.19(1), on the ground that the circuit court erred in refusing to give a jury instruction on self-defense. We conclude the circuit court ...

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08-1555 Samantar v. Yousuf

TortsFSIA The Foreign Sovereign Immunities Act does not provide immunity to individuals from suits based on actions taken in their official capacity. Reading the FSIA as a whole, there is nothing to suggest that "foreign state" should be read to ...

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2009AP1665-CR State v. Hollingsworth

SentencingRestitution; ability to pay Gregory G. Hollingsworth appeals from a judgment convicting him of aggravated battery with intent to cause bodily harm and from an order denying his postconviction motion to reduce the monthly restitution payment to the victim. Hollingsworth ...

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2009AP774-D OLR v. Boyd

Professional ResponsibilitySuspension Where attorney Joan M. Boyd neglected numerous client matters, failed to communicate with the clients and kept unearned retainers, a 12 month suspension is appropriate. "We agree with the referee's recommendations regarding a 12-month suspension to run consecutive ...

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