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Bench Blog

Jul 7, 2015

BENCH BLOG: Drunken driving case leads Supreme Court to correct Court of Appeals

The Wisconsin Supreme Court unanimously reversed the Court of Appeals in a decision that would have remanded a case to the circuit court in order to expose a drunken driver to a higher maximum sentence.

Jun 30, 2015

BENCH BLOG: Court helps define when open-records net can take in personal notes

When a mid-state newspaper made a full-court press for the release of employee notes that were taken down during a school district’s disciplinary investigation, the Court of Appeals took the opportunity to construe an exception to the public-records law.

Jun 10, 2015

BENCH BLOG: In first opinion as chief justice, Roggensack breaks little ground

In her first opinion identifying her as chief justice, Pat Roggensack merely applied known law rather than establishing or construing new law. She nonetheless wrote for a unanimous court.

Apr 23, 2015

BENCH BLOG: Dog days of summer arrive early for US high court

For the second time in as many years, the U.S. Supreme Court has decided a dog-sniffing case.

Apr 16, 2015

BENCH BLOG: Court opens door for more ‘other-acts evidence’

In keeping with last year’s legislative changes to the state’s other-acts evidence statute, the conservative majority on the Wisconsin Supreme Court took a recent case involving the sexual assault of a child as an occasion to liberalize its application of this sort of evidence.

Apr 6, 2015

BENCH BLOG: Good-faith exception to exclusionary rule

In a hotly contested case about suppressing a dog’s sniff search of a residence, the Wisconsin Supreme Court unanimously decided that the good faith exception to the exclusionary rule applied.

Mar 20, 2015

BENCH BLOG: Crawford issue case shines light on expert reports

The Court of Appeals recently decided a Crawford issue in a murder trial. In so doing, it emphasized the importance of bringing in needed experts to testify.

Mar 4, 2015

BENCH BLOG: Appeals decision raises more questions than it answers

The Court of Appeals has decided that expressing opinions is not whistleblowing. But what constitutes opinion and what constitutes whistleblowing?

Feb 10, 2015

BENCH BLOG: High court correct in substitution ruling

In a rare unanimous decision, the Wisconsin Supreme Court acted to protect a criminal defendant’s statutory right to peremptory substitution of judge.

Jan 30, 2015

BENCH BLOG: Decision should guide cases involving Internet advertising

Internet advertising is commonplace. But what happens when the sale of advertised goods goes awry and an out-of-state advertiser is sued in Wisconsin?

Jan 21, 2015

BENCH BLOG: High court muddies the waters

In a pair of decisions released on the same day, the Wisconsin Supreme Court decided that manure and septage are pollutants at the point they contaminate wells.

Jan 8, 2015

BENCH BLOG: Error in service-of-process dooms tort lawsuit

The Wisconsin Court of Appeals has declared the fundamental importance of appropriate service of process to the viability of a lawsuit.

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