The U.S. Supreme Court has changed course after nearly 50 years by deciding that the touchstone of Fourth Amendment jurisprudence is trespass to a property interest, not reasonable expectation of privacy.
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Author Archives: Jean DiMotto
BENCH BLOG: Job well done at Court of Appeals
In a new court of appeals case, the doctrine of mutual mistake in a home sale contract meets a motion for sanctions based on frivolous claims.
BENCH BLOG: The importance of jury instruction
When there’s no objection to jury instructions, how can they be faulty enough to warrant reversal?
BENCH BLOG: Judges’ perspectives on voir dire
Voir dire is subject to judicial control and discretion, so it pays to know your judge.
BENCH BLOG: Mental commitment case shows the need to question
A mental commitment case that recently went before the state Supreme Court offers a valuable lesson to attorneys and judges: listen closely.
BENCH BLOG: Frustrating decision reflects division at state Supreme Court
In an unusually terse decision, the Wisconsin Supreme Court reached a startling new conclusion in Shiffra jurisprudence without a unifying analytic rationale.