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Bench Blog

Jan 3, 2014

BENCH BLOG: Appeals decision should obviate further litigation

In December the Court of Appeals decided a novel insurance exclusion case involving a grade-school boy’s gun death.

Dec 27, 2013

BENCH BLOG: Wis. justices got pivotal decision wrong

In declining to note its own precedent, the Wisconsin Supreme Court has allowed the governor and state officials to violate a declaratory judgment during the appellate process.

Nov 26, 2013

BENCH BLOG: Decision a handy reference for plea breach cases

A well-presented Court of Appeals case affirmed that when the defendant breaches a plea agreement prior to sentencing, the state may change its side of the agreement.

Nov 13, 2013

BENCH BLOG: Concurrence stated it best in high court decision

A decision at the end of its last term divided the Wisconsin Supreme Court several ways.

Oct 22, 2013

BENCH BLOG: A change in course at the high court

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.

Oct 10, 2013

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.

Sep 25, 2013

BENCH BLOG: The importance of jury instruction

When there’s no objection to jury instructions, how can they be faulty enough to warrant reversal?

Sep 11, 2013

BENCH BLOG: Judges’ perspectives on voir dire

Voir dire is subject to judicial control and discretion, so it pays to know your judge.

Aug 22, 2013

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.

Jul 25, 2013

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.

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