Bench Blog

Feb 1, 2016

BENCH BLOG: Errors abound in child sexual assault case

An attorney’s recent representation of a defendant charged with child sexual assault was so ineffective that the defendant’s constitutional right to counsel was violated and his convictions reversed.

Jan 14, 2016

BENCH BLOG: Extending the reach of Daubert

The Court of Appeals has once again extended the application of Daubert standards in Wisconsin, this time to a social worker’s testimony in a case involving the sexual assault of a child.

Dec 30, 2015

BENCH BLOG: Divided appeals court affirms right of confrontation only at trials

The Court of Appeals has affirmed that it's not only the rules of evidence that do not apply in criminal pretrial proceedings; equally inapplicable is the right of confrontation.

Dec 1, 2015

BENCH BLOG: Attorney loses appeal of his own criminal conviction

The Court of Appeals has rejected a disbarred attorney’s pro se bid to overturn his felony conviction for theft.

Nov 23, 2015

BENCH BLOG: Choice of wrong legal route wastes opportunity in adoption case

The attorney for a same-sex couple recently tried unsuccessfully to use an adoption action to challenge the constitutionality of statutes related to artificial insemination and to the presumption of paternity stemming from marriage.

Nov 12, 2015

BENCH BLOG: Heroin case yields not-so discreet test of court’s sentencing discretion

The District 2 Court of Appeals recently outdid itself for conciseness by issuing a five-page decision.

Nov 5, 2015

BENCH BLOG: Child porn case pushes new justice’s work into limelight

On the same day that Rebecca Bradley was appointed to the Supreme Court, the Court of Appeals released her first appellate opinion that has been recommended for publication.

Oct 13, 2015

BENCH BLOG: Homicide by text message

In a case of reckless homicide by text messages, a defendant sought to suppress evidence of the messages themselves. The trial court denied his motion and the Court of Appeals affirmed.

Sep 10, 2015

BENCH BLOG: Defamation on Facebook

In this age of cyberspace incivility, do remarks on Facebook that impugn a person’s reputation and character constitute defamation?

Sep 4, 2015

BENCH BLOG: Dog bite case leads to unusual turn to emergency doctrine

In a case that saw a woman injured while trying to pull her dog from the jaws of a pit bull, a judge’s unrequested jury instruction concerning the emergency doctrine and unrequested restructuring of the verdict form's damages section led to a remand for a new trial.

Aug 18, 2015

BENCH BLOG: Daubert standard weighs on medical witness

A medical-malpractice case — an area of litigation replete with expert testimony — recently spurred the Court of Appeals to examine how Daubert principles should be applied to medical experts.

Aug 5, 2015

BENCH BLOG: State Supreme Court keeps on truckin’

Can a jury consider the training and experience of a semi-trailer truck driver in determining his negligence? Is a commercially licensed truck driver held to higher standard of care when a semi-trailer is involved in a collision?