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Blogs

Nov 22, 2016

BENCH BLOG: Immunity for aid when there’s a drug overdose

The Court of Appeals examined immunity from prosecution for a person who aids someone who appears to be suffering from a drug overdose. In the process, the opinion in State v. Williams offered a raw glimpse into the drug subculture.

Oct 31, 2016

CRITIC’S CORNER: Wisconsin courts as ‘superlegislatures’

Wisconsin courts have a long history of acting as a “superlegislature” and ignoring — and even contradicting — the Legislature’s words when doing so benefits the state.

Sep 19, 2016

ON THE DEFENSIVE: The case for ‘good time’ on extended supervision

For more than 15 years, Wisconsin courts have operated under the “truth in sentencing” model.

Sep 14, 2016

BENCH BLOG: Appeals court gets it right in complex case of statutory construction

The Court of Appeals recently tackled the novel question of whether an employee of a health care organization can access a patient’s records without the patient’s consent.

Sep 12, 2016

CRITIC’S CORNER: Convicting Dassey: Five easy steps to a false confession

The trouble with torture as an interrogation tactic is that the suspect will say whatever the interrogator wants to hear — regardless of whether it’s true. Unfortunately, this problem also plagues today’s softer, more sophisticated interrogation tactics.

Sep 2, 2016

BENCH BLOG: Implied consent case shows need to update refusal-hearing statute

Under the implied-consent law, is your consent to a blood test for alcohol “coerced” because it is a foregone conclusion that the threatened license revocation for refusing would be vacated at a refusal hearing? The Court of Appeals recently took up this question.

Aug 18, 2016

Judge is removed from bench for allegedly letting a lawyer wear her robe and rule in some cases

A suburban Chicago judge was removed from the bench on Wednesday after allegations surfaced that she let a lawyer wear her robe and rule in at least two of her cases.

Aug 16, 2016

Lawyer seeks $30 million over courthouse fight

A lawyer pummeled by a district attorney’s investigator filed a federal lawsuit Monday seeking more than $30 million from Orange County, Calif: http://www.ocregister.com/articles/alley-725884-crawford-lawyer.html

Aug 10, 2016

BENCH BLOG: Case answers the call re: text message authentication

The Court of Appeals recently tackled the timely issue of what constitutes evidentiary authentication of cell phone text messages.

Aug 3, 2016

CRITIC’S CORNER: All ‘Riled’ Up: SCOW flops on ethics rule 1.9

In two previous columns I’ve discussed my rule 1.9 petition (written with my fellow attorney Terry Rose and supported by the attorneys Rob and Ellen Henak), in which I asked the Wisconsin Supreme Court to amend ethics rule 1.9.

Jul 21, 2016

Attorney accused of hurling coffee at opposing counsel

Let the iced coffee fly.

Jul 18, 2016

BENCH BLOG: Shiffra case causes trouble for state Supreme Court … again

In a highly unusual “decision,” the Wisconsin Supreme Court again deadlocked in a Shiffra case but this time issued five different opinions, most of them containing personal sniping.

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