Bench Blog

May 16, 2018

BENCH BLOG: Cumulative evidence and a new form of recantation

In State v. McAlister a majority of the Wisconsin Supreme Court struggled to appropriately define cumulative evidence and introduces a contrived definition of recantation.

Mar 12, 2018

BENCH BLOG: Three billboards in Dane County

Adams Outdoor Advertising leased three billboards near the Dane County Regional Airport. Before the expiration of the lease, Adams Outdoor Advertising sought to renew it.

Jan 30, 2018

Pro rata distributions amid insufficient policy limits

An insurance company deposited its remaining policy limits with the court after settling with several, but not all, of the claimants in a personal-injury lawsuit.

Nov 15, 2017

Court finds handwritten note not enough for payable-on-death account

Todd Mueller had a terrible, horrible, no good, very bad day in court. He walked into the Winnebago County Courthouse hoping to be declared the beneficiary of $200,000, but walked […]

Oct 26, 2017

Case shows difficulty of untangling who is owed bundled debt

The phenomenon of corporate purchases of bundled consumer debt is nothing new. What is new is the question of what a successor buyer must show to collect on individual debt accounts within the bundle.

Sep 21, 2017

Court weighs in again on when suspects are in custody

The Court of Appeals has once again taken up the circumstances in which a person can be considered to have been or not been arrested.

Sep 7, 2017

BENCH BLOG: Court finds tip from social media is same as from citizen informant

Is a tip to law enforcement from Tumblr.com equivalent to a tip from an anonymous police informant or a tip from an identified citizen informant?

Aug 10, 2017

102-year-old case speaks to us in 2017

The Court of Appeals relied on an 102-year-old precedent to decide the case of Hart v. Artisan and Truckers Cas. Co.

Jun 20, 2017

BENCH BLOG: On this much they agree: DOJ database seriously flawed

Read the case of Teague v. Schimel at your peril.

May 30, 2017

BENCH BLOG: Client behavior: Enough to draw a tier

The Wisconsin Supreme Court recently reaffirmed its two-tiered framework for loss of the Sixth Amendment right to counsel. It overruled another case requiring a finding of intentionality and once again declined to mandate warnings to a defendant before forfeiture.

May 22, 2017

BENCH BLOG: Accrual of a legal malpractice claim

The Court of Appeals took the opportunity to again offer instruction regarding when a tort claim accrues for purposes of the statute of limitations.

May 2, 2017

BENCH BLOG: Officer’s question to suspect a lesson for deposition preparation

A police officer’s question to a suspect led the Wisconsin Supreme Court on a 42-page exploration of the constitutional consequences recently. State v. Harris tells the tale.