Bench Blog

Jul 9, 2014

BENCH BLOG: Wisconsin appeals court takes on troubling trend

Drugged driving is trending in Wisconsin, an unfortunate result of the increased levels of cocaine and heroin circulating in state.

Jun 11, 2014

BENCH BLOG: Breaking down Crabb’s gay marriage opinion

Everyone appreciates a well-written decision, so there is general agreement that federal District Judge Barbara Crabb wrote a bravura opinion in declaring Wisconsin’s constitutional amendment banning same-sex marriages unconstitutional.

Jun 6, 2014

BENCH BLOG: Case raises notable open records concerns

In a recent Court of Appeals’ case, domestic violence clashed with the open records law.

May 22, 2014

BENCH BLOG: Punitive damage case shows bias for insurance co.

The Wisconsin Supreme Court used a numerical ratio to reduce what it considered to be an unconstitutionally excessive punitive damages award.

May 8, 2014

BENCH BLOG: Justices provide much-needed clarification

In an abbreviated opinion, the Wisconsin Supreme Court clarified its previous, murky plurality decision in State v. Johnson on State v. Shiffra jurisprudence.

Apr 17, 2014

BENCH BLOG: Appeals court provides rational ‘stop and frisk’ guidance

When is a Terry “stop and frisk” permissible under the Fourth Amendment in “a very high-volume … crime area with a lot of gun violence?” The District I Court of Appeals recently provided guidance.

Apr 7, 2014

BENCH BLOG: Disappointing majority opinion lacks guidance

In an overly long opinion, the Wisconsin Supreme Court decided a child abuse case involving a presentence plea withdrawal without an appropriate illumination of the law.

Mar 6, 2014

BENCH BLOG: Thoughtful decision could have statewide effect

A new state statute trumps local governments’ residency rules in a case decided in Milwaukee County Circuit Court.

Feb 25, 2014

BENCH BLOG: State justices get to heart of the matter

In a child sexual assault case that divided the Court of Appeals, the state Supreme Court properly kept the focus on the elements of the crime and a jury’s function.

Feb 10, 2014

BENCH BLOG: A frustrating decision from the Court of Appeals (UPDATE)

In a decision that touches all three branches of government, the court of appeals decided that in actions for civil forfeiture pretrial discovery may be conducted.

Feb 4, 2014

BENCH BLOG: The case for more treatment courts

Wisconsin has become a hotbed for treatment courts.

Jan 20, 2014

BENCH BLOG: Justices unanimous in asbestos decision

There has been a recent spate of appellate cases interpreting insurance policies, including Schinner v. Gundrum and Barrows v. Renfrow. In the newest, Phillips v. Parmelee, all three levels of courts agreed on the interpretation of an asbestos exclusion.

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