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Appellate court addresses support issue in Vlies
Part I Gregg Herman One gray area of family law was recently made black-and-white by a recent Wisconsin Court of Appeals decision. Another area, however, may have been made a shade grayer. This is the first of two articles discussing the recent decision of the District II Court of Appeals in Vlies v. Brookman, No. […]
Father seeks ‘virtual visitation’ with daughter
Gregg Herman After Michael Gough's divorce in Utah, he found himself living 1,000 miles away from his four-year-old daughter. Not satisfied with simple telephone calls in between physical visitations, he sought a court order allowing "virtual visitation" through electronic communication. Eventually, with the assistance of Utah attorney Joyce Maughan, Gough successfully lobbied the Ut[...]
Failure to enforce domestic abuse restraining order does not state a constitutional claim
Scott Lewis In De Shaney v. Winnebago County Department of Social Services, 489 U. S. 189 (1989), the U. S. Supreme Court held that the State did not have a constitutional duty — absent a special relationship — to protect its citizens against deprivation of life, liberty or property committed by private third party actors. […]
Father seeks ‘virtual visitation’ with daughter
Gregg Herman After Michael Gough's divorce in Utah, he found himself living 1,000 miles away from his four-year-old daughter. Not satisfied with simple telephone calls in between physical visitations, he sought a court order allowing "virtual visitation" through electronic communication. Eventually, with the assistance of Utah attorney Joyce Maughan, Gough successfully lobbied the Ut[...]
Supreme Court will review conflicting custody elements
Gregg Herman On June 1, the Wisconsin Supreme Court granted the petition for review of the unpublished Court of Appeals District IV opinion in Landwehr v. Landwehr, No. 2003AP2555 (Wis. Ct. App. Jan. 27, 2005) (per curiam) (unpublished). This is the first family law case on the court's September 2005 term docket. The issue as […]
Application of Chen to other cases troubling
Gregg Herman The Wisconsin Supreme Court recently issued its opinion in Chen v. Warner, 2005 WI 55 (May 6, 2005), affirming the circuit court's conclusion that a physician mother's post-judgment decision to quit her employment to stay home with the children, with whom she had shared equal placement with the physician father, was not shirking. […]
Bill encourages resolution of placement disputes
Gregg Herman Settling placement issues in a divorce case can be difficult enough, but two Wisconsin Court of Appeals cases have had the unfortunate effect of making settlement more difficult. Now, legislation has been introduced to reverse the effects of those decisions. It cannot be questioned that settling placement issues is in the best interests […]
Potential Derr v. Derr problem
Don't worry — this column hasn't gone soft. Gregg Herman In my March 30 column, I praised the Wisconsin District IV Court of Appeals for its opinion in Derr v. Derr, No. 03-2181 (Wis. Ct. App. Mar. 17, 2005) (recommended for publication). The main portion of the decision cleared up years of confusion regarding non-divisible […]
Derr decision helps ‘cut through the haze’
Gregg Herman This column has criticized appellate courts from time-to-time for inconsistency in their use of language. Recently, the District IV Court of Appeals used their opinion in Derr v. Derr, No. 03-2181 (Wis. Ct. App. Mar. 17, 2005) (recommended for publication), to clear up years of confusion regarding non-divisible property. The result is a […]
Derr decision helps ‘cut through the haze’
Gregg Herman This column has criticized appellate courts from time-to-time for inconsistency in their use of language. Recently, the District IV Court of Appeals used their opinion in Derr v. Derr, No. 03-2181 (Wis. Ct. App. Mar. 17, 2005) (recommended for publication), to clear up years of confusion regarding non-divisible property. The result is a […]
Decision addresses child support arrears
Gregg Herman Any confusion about Wisconsin law regarding credits for child support arrears might have (finally) been put to rest, thanks to a recent Wisconsin Supreme Court decision. In In re the Paternity of John R. B., 2005 WI 6, the high court affirmed an unpublished decision of the District II Court of Appeals, holding […]
Arrest reasonable when probable cause exists as to any charge
Scott Lewis Here's a strange tale for law enforcement officers. However, the moral of the story, decided by the United States Supreme Court on Dec. 13, is that as long as a police officer has probable cause to arrest for any law violation, the arrest is legal, even when the original charge turns out to […]
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Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property
