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2009AP1509-CR State v. Miller

Motor VehiclesOWI; hearsay; ineffective assistance Jerry L. Miller appeals the judgment, entered following a jury trial, convicting him of operating a motor vehicle while under the influence of an intoxicant, third offense. He also appeals the denial of his postconviction ...

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2009AP1379-CR State v. Genge

Probation and ParoleExtension Eric D. Genge takes issue with the circuit court's finding that paying $1329.42 towards court ordered restitution of $20,206.37 over a two-year period was not a good faith effort to pay restitution and the ensuing decision to ...

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2009AP977-CR State v. Gray

SentencingModification; breach of plea agreement; new factors Kenneth M. Gray, pro se, appeals an order denying his motion to modify his sentence. He argues that: (1) the State breached the plea bargain; (2) the State used a falsified petition to ...

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2009AP436-CR State v. Morris

SentencingEarned release program; freedom of association Deon M. Morris has appealed from a judgment convicting him of uttering a forgery, party to the crime and sentencing him to one year of initial confinement and two years of extended supervision, consecutive ...

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08-911 Kucana v. Holder

ImmigrationReopening removal proceedings 8 U.S.C. 1252(a)(2)(B)'s proscription of judicial review applies only to Attorney General determinations made discretionary by statute, not to determinations declared discretionary by the Attorney General himself through regulation. The motion to reopen is an "important safeguard" ...

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07-1069 Bayo v. Napolitano

ImmigrationVWP waivers; adjustment of status Where an alien filed an application for adjustment of status more than 90 days after his VWP waiver, the application must be denied. "At first glance, it appears that there is a conflict between the ...

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09-1758 U.S. v. Mitten

Search and SeizureGood faith Even if the affidavit supporting a search warrant lacked information about the informant's history of providing truthful information, the executing officer reasonably relied on the validity of the warrant. "We agree with the district court that ...

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Seventh Circuit rules in jury instruction case

A recent opinion (PDF) from the Seventh circuit should be read as a caution against changing the standard jury instructions regarding causation in criminal cases. But it is also interesting reading for any attorney, in criminal or civil court, on ...

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Could default judgment rules be changing?

Woody Allen once said, “80 percent of success is showing up.” But for civil defendants in Wisconsin who fail to “show up” and answer a complaint on time, the consequence is often a default judgment. To address this, Wisconsin Defense ...

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08-205 Citizens United v. FEC

Constitutional LawFree speech; elections Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), is overruled, and thus provides no basis for allowing the Government to limit corporate independent expenditures. Although the First Amendment provides that "Congress shall make no ...

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08-3262 Bennett v. Gaetz

Habeas CorpusJury selection Where the prosecutor used only two of seven peremptory challenges against black veniremen, the defendant's equal protection challenge was properly denied. "The Illinois Appellate Court also appropriately considered the fact that the prosecution did not exhaust its ...

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2009AP957-D OLR v. Omdahl

Professional ResponsibilityReciprocal discipline A single public reprimand is adequate reciprocal discipline of an attorney who stipulated that he received two public reprimands in another state. In the first incident, the attorney included two improper provisions in a contingency fee agreement. ...

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2009AP214-D OLR v. Mauch

Professional ResponsibilityPracticing during license suspension; misrepresentation A six-month suspension of an attorney's license to practice law in Wisconsin is warranted, when: an attorney practiced law while his state bar membership was suspended; he misrepresented to the BBE that he had ...

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Commentary: Internal marketing efforts can improve profitability

Studies conducted across the country repeatedly show the value of internal marketing to professional services firms. A national study of 200 human resources executives conducted by Wisconsin-based Business Development Directives revealed firms with strong internal marketing initiatives experience higher-than-average growth ...

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Firm retreats: Business over pleasure

It used to be that a traditional law firm retreat allowed attorneys the chance to soak up some camaraderie along with a little sunshine. But times have changed, say industry experts, and cost-conscious firms are more focused on efficiency than ...

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Domestic partnership work expands

Madison attorney Michele L. Perreault used to devote a fairly small part of her practice to her work in the Domestic Partnership and NonTraditional Families group for DeWitt Ross & Stevens SC. That’s changed. Now, she’s much busier, typically working ...

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08-2825 Ray v. Boatwright

Habeas CorpusConfrontation Clause Where a state court admitted a co-actors' statements through the police detective's testimony at trial, the defendant's right of confrontation was violated. "The confrontation clause has been invoked to prevent, even in a joint trial, the admission ...

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09-1595 U.S. v. Pappas

Search and SeizureProbable cause; good faith Where the defendant sent 11 images of child pornography, evidence seized from his computer was admissible under the good faith exception, even if probable cause was lacking. "In this case, Pappas argues, and the ...

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09-8042 Cunningham Charter Corp. v. Learjet, Inc.

Civil ProcedureCAFA; jurisdiction Federal jurisdiction under the Class Action Fairness Act does not depend on certification. "Our conclusion vindicates the general principle that jurisdiction once properly invoked is not lost by developments after a suit is filed, such as a ...

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Judge Sosnay affirmed 18 times in 2009

Three Wisconsin circuit court judges — all from Milwaukee County — led the courts in facing review on appeal at least a dozen times without being reversed once in 2009. Judge William Sosnay was reviewed 18 times in 2009, and ...

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07-3400 Singer v. Raemisch, et al.

Prisoner DisciplineDungeons & Dragons; free speech The trial court did not err when it granted the state’s motion for summary judgment against plaintiff/prisoner’s civil rights claims alleging that the prohibition of a popular role-playing game, Dungeons & Dragons, and the ...

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08-2876 U.S. v. Isaacs

Criminal ProcedureContinuance; summary exhibits The district court did not err when it denied defendant’s motion for a 30-day continuance after the government turned over a new version of voluminous computer records in the form of compact disks three days before ...

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