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Blogs

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.

Sep 27, 2017

ON MEDIATION: Mediation statements: Don’t just do them, give them to the right person

Preparing a mediation statement gives you an opportunity to take a serious look at your case and at your opponent’s case.

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?

Jun 26, 2017

CRITIC’S CORNER: ‘Mistakes were made’: A reply to Michael Griesbach

Wisconsin prosecutor Michael Griesbach recently wrote, “To be sure, mistakes were made in the Avery case.”

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 10, 2017

CRITIC’S CORNER: Critical omissions in ‘Making a Murderer’?

Whenever I write a motion or a brief on behalf of a client, it inevitably requires that I quote language from a published case, the criminal complaint, or some other document.

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.

Mar 27, 2017

BENCH BLOG: Judge and juror

A recent jury summons prompted to me to think about judges being called to jury service.

Mar 14, 2017

BENCH BLOG: Phoning in a guilty plea

In a carefully reasoned decision, the Court of Appeals required certain safeguards before a defendant may be allowed to plead guilty by phone.

Dec 23, 2016

BENCH BLOG: Hot pursuit for a brake-light violation?

In its first non-disciplinary case of the term, the Wisconsin Supreme Court issued a 3-1-3 decision for the second time in six months despite the presence of a new justice.

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