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Author Archives: dmc-admin

2009AP1265-CR State v. Johnson

Motor VehiclesOWI; reasonable suspicion David Johnson appeals a judgment of conviction entered upon a no-contest plea of operating a motor vehicle while intoxicated (OWI), second offense. Johnson argues that the circuit court erred in denying his motion to suppress. We ...

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2009AP329-CR State v. Egner

SentencingReconfinement; modification Lance Egner appeals from an order reconfining him to prison following the revocation of his extended supervision, and from an order denying his motion for sentence modification. We affirm for the reasons discussed below. This opinion will not ...

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2009AP852 In re the Marriage of: Kelly v. Kelly

FamilyProperty division; pension payments Pension payments must be treated as part of the marital estate, subject to a presumptive 50/50 division. "The parties' dispute over the court's treatment of Gary's pension centers on their reading of the case law. According ...

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2008AP3192 Reuben v. Koppen, et al.

PropertyMisrepresentation; deceptive trade practices Diane Higgins, d/b/a Lake Homes (Higgins) appeals from an order for judgment awarding Charles F. Reuben, M.D., damages in the amount of $46,936.80, together with Wis. Stat. § 100.18(11)(b) (2007-08) attorney fees and costs in the ...

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Court supports unauthorized practice petition

The state Supreme Court unanimously voted on March 8 to support in principle a petition filed by the State Bar of Wisconsin that would clearly define what constitutes the unauthorized practice of law. According to attorney Thomas D. Zilavy, who ...

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Who’s Doing What

DeWitt Ross & Stevens SC announces the addition of Olivia M. Kelley to the firm’s Litigation, Business and Tax Practice groups. Kelley is an associate attorney in the Brookfield office. She graduated from Marquette University Law School in 2009. The ...

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Former judge defends sentencing guidelines

The federal sentencing guidelines are now advisory, rather than mandatory. But district judges should still be cautious in departing from them, advised Hon. Mark R. Filip, a former federal judge and former Deputy Attorney General. Filip, who served in the ...

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Law firm can't block bankruptcy dismissal

Boston (Dolan) — A law firm that acted as counsel for the creditors’ committee in a Chapter 11 bankruptcy lacked standing to challenge dismissal of the case, the 7th Circuit has ruled. The firm was retained by the creditors’ committee ...

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Telling the brief tale

Most lawyers have neither the time nor the resources to produce extensively researched and intricately crafted legal briefs. The process is often viewed as a time-eating money loser, and so assigned to young, inexperienced associates. Briefs, however, and the research ...

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Newspaper’s lawsuit against Doyle dismissed

Madison (AP) — A judge has dismissed a lawsuit filed by The Capital Times newspaper that claimed Gov. Jim Doyle’s office improperly delayed the release of public records. The newspaper claimed Doyle’s office stonewalled its attempt to get information about ...

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Who’s Doing What (75705)

DeWitt Ross & Stevens SC announces the addition of Olivia M. Kelley to the firm’s Litigation, Business and Tax Practice groups. Kelley is an associate attorney in the Brookfield office. She graduated from Marquette University Law School in 2009. The ...

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Repeal of sentencing guidelines retroactive

State court defendants looking for resentencing based on a court’s failure to consider the sentencing guidelines are out of luck. The Wisconsin Court of Appeals held on Mar. 10 that the Legislature’s repeal of the guidelines is retroactive. So even ...

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09-3777 & 09-3795 In re Whirlpool Corp.

Civil Procedureattorney-client privilege; mandamus An attorney can't obtain mandamus of an order to produce evidence arguably protected by the attorney-client privilege, unless the order is patently erroneous. "This is not such a case. The district court carefully considered Whirlpool's arguments ...

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2009AP1682-FT Sarah D., et al. v. Eisold

TortsPunitive damages Sarah D. appeals an amended judgment awarding her $5,460 in punitive damages against Jacob Eisold. She contends the circuit court improperly considered the statutory interest rate and the statutory period to collect judgments. We reject that argument and ...

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2009AP1370-CR State v. Rico

1st-degree RESSufficiency of the evidence Jacinto S. Rico appeals from a judgment entered after a jury rejected his theory of self-defense and found him guilty of one count of first-degree reckless injury for stabbing Timothy Lowe and one count of ...

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2009AP1224-CR State v. Anderson

Criminal ProcedureIneffective assistance Corey Levell Anderson, pro se, appeals from an order denying his Wis. Stat. § 974.06 (2007-08) motion, which alleged ineffective assistance of counsel, and from an order denying his motion for a declaration of eligibility for the ...

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2008AP3217-CR State v. Fisher

Criminal ProcedureIneffective assistance; jury contamination Randall Fisher appeals a judgment convicting him of kidnapping, false imprisonment, first-degree sexual assault, possession of a dangerous weapon, and obstructing an officer, together with an order denying his motion for postconviction relief. Fisher argues ...

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Videotape can be played during closing

Prosecutors can play witnesses’ videotaped statements during closing arguments. The Wisconsin Court of Appeals held on Feb. 25 that nothing in sec. 908.08 or the due process clause precludes the practice, although it advised lower courts to be cautious. Alexander ...

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2009AP496-CR State v. Daniels

Search and SeizureSearch warrants; specificity Terrell L. Daniels appeals a judgment convicting him of possession of cocaine with intent to deliver. He argues that the circuit court should have suppressed evidence against him because the search warrant was invalid. We ...

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2009AP1479 In re the marriage of: Mahle v. Mahle

FamilyMarital property; marital waste; attorney fees James E. Mahle appeals from a judgment of divorce from Jill E. Mahle. James contends the trial court erroneously exercised its discretion when it determined that the marital residence, purchased with Jill's money but ...

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2009AP77 Sweeney v. Petska, et al.

Civil ProcedureAmendment of complaint Patrick Sweeney appeals an order denying a motion to amend his complaint. Sweeney contends the circuit court erred by denying the motion because justice requires an amendment of the pleadings. Sweeney also claims he should have ...

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2008AP2870 Miller v. Baudry

Civil ProcedureAppellate jurisdiction; motions for reconsideration Scott D. Miller, d/b/a Scott's Boat Rental, appeals from an order denying his motion for reconsideration of a summary judgment in favor of Jeff and Heidi Baudry. Miller contends that the circuit court improperly ...

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