Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

My, my, how time flies when we are having redistricting fun.

Tagged with: redistricting Wisconsin Supreme Court

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.

Tagged with: Bench Blog Janine Geske Jean DiMotto State v. Suriano Todd Ehlers

President Donald Trump has managed to seat a new justice on the U.S. Supreme Court's bench — Neil Gorsuch, formerly a judge in the 10th U.S. Circuit Court of Appeals. In doing so, the president once again drew attention to the doctrine which “conservatives” have historically preached from whatever hilltop perch they could find, using words which former D.C. Court of Appeals Judge Robert Bork laid down in his book, “The Tempting of America.”

Tagged with: Neil Gorsuch U.S. Supreme Court

The Court of Appeals took the opportunity to again offer instruction regarding when a tort claim accrues for purposes of the statute of limitations.

Tagged with: Bench Blog David Wambach Jean DiMotto Mark Gundrum Terence Cahill

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.

Tagged with: Brendan Dassey Critic's Corner ken kratz Michael Cicchini

In our first installment in the April 12 Wisconsin Law Journal issue, we analyzed the Wisconsin Supreme Court’s seminal decision in Wisconsin Pharmacal Co., LLC v. Nebraska Cultures of California, Inc., 2016 WI 14.

Tagged with: American Family Mutual Insurance Co. v. American Girl Inc. Colin Willmott Jonathan Schwartz

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.

Tagged with: Bench Blog Daniel Kelly Jean DiMotto Michael Wilk State v. Cunningham State v. Harris Wisconsin Supreme Court

In July, the 7th Circuit Court of Appeals issued its panel decision in Hively v. Ivy Tech Community College of Indiana and affirmed a district court’s ruling that Title VII of the Civil Rights Act of 1964 does not redress sexual-orientation discrimination in the workplace. 830 F.3d 698.

Tagged with: 7th Circuit EEOC Title VII

The Wisconsin Supreme Court decided in 2016 several fundamental questions concerning liability-insurance coverage.

Tagged with: Colin Willmott Jonathan Schwartz LLC v. Nebraska Cultures of California Wisconsin Pharmacal Co. Wisconsin Supreme Court

Wisconsin's juvenile justice system is broken. It's time for Gov. Scott Walker to take the necessary steps to fix it. At the very least, he should create a task force or blue ribbon commission to come up with reforms that will ensure youth offenders are dealt with appropriately, receiving the punishment and help they need.

When confronted by the police, innocent suspects often want to talk in order to clear up things on the spot. But in many cases, the police will only hear what they want to hear, and will spin an innocent person’s denial into evidence of guilt.

Tagged with: Critic's Corner Michael D. Cicchini Steven Avery

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

Tagged with: Bench Blog Jean DiMotto Jury

As David Howes lay unconscious and injured in his hospital bed, a Dane County Sheriff’s Deputy took the curious step of reading to him the warnings from the “informing the accused” form, and then asking the form’s ultimate question: “Will you submit to an evidentiary chemical test of your blood?”

Tagged with: Dane County Sheriff Missouri v. McNeely Wisconsin Supreme Court

As many of you may have noticed, we recently announced the Wisconsin Law Journal's newest signature event, 2017 WISCONSIN LAW SUMMIT & GOLF EVENT, which will be held on May 4 at The American Club & the Irish Course at Whistling Straits.

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

Tagged with: Bench Blog James Habeck Jean DiMotto Lisa Stark State v. Soto

Political interests keep grasping for judicial control.

Tagged with: Judicial Commission Wisconsin Supreme Court

Independent oversight of Wisconsin's judges and court commissioners is at risk in Gov. Scott Walker's proposed new state budget.

Tagged with: Judicial Commission Wisconsin Supreme Court

Gov. Scott Walker has called for elimination of many public and legal notices in his recently proposed budget.

Tagged with: editorial public notices

The saying "no good deed goes unpunished" was turned on its head recently in the Racine County lockup after the District Attorney's office dropped about a dozen charges against an unruly inmate.

Tagged with: Tricia Hanson

Lawyers aren’t typically taught to find the emotion in their cases or in their clients. Often, it’s just the opposite.

Tagged with: Jim Mathie On Mediation

With almost two months of 2017 behind us, there is no time like the present for lawyers to be working on their business-development plans.

Tagged with: marketing

In a lucid, logically ordered and eminently readable opinion, the U.S. Court of Appeals for the 9th Circuit denied the federal government’s motion for an emergency stay of a temporary restraining order enjoining the enforcement of President Trump’s travel ban.

Tagged with: Bench Blog Donald Trump Immigration Jean DiMotto

This year marked the 225th anniversary of the Bill of Rights. Among the many provisions of this fundamental document is the right, afforded by the 7th Amendment, to a civil jury trial.

Tagged with: 7th Amendment Benjamin Wagner Bill of Rights

The Court of Appeals applied the agency doctrine of apparent authority when deciding whether the property owners in an eminent domain case had obtained jurisdiction over the governmental entity that condemned their property.

Tagged with: Bench Blog Eminent domain Haas v. City of Oconomowoc Jean DiMotto

Steven Avery was convicted of murder in 2007. At his trial, the state called numerous scientific experts to help seal his fate. Then, a few years later, Wisconsin adopted the stricter Daubert standard for the admissibility of expert testimony. Had this supposedly tougher standard been in effect earlier, how would it have affected Avery’s trial?

Tagged with: Critic's Corner Michael D. Cicchini Steven Avery

Take the "For Sale" sign off Wisconsin's courts.

Tagged with: Wisconsin Supreme Court

After about three decades of nearly continuous growth, Wisconsin’s prison population has stabilized over the past dozen years at about 22,000 to 23,000 inmates.

Tagged with: Michael O'Hear Sentencing

The Slender Man craze swept the younger digerati while their unwitting elders occupied themselves online with Twitter, Facebook and YouTube.

Tagged with: Anissa Weier Morgan Geyser stabbing

More than 50 retired jurists are making a reasonable request of the state Supreme Court: Set a "bright line" for judges to step down from cases that involve a party who has made a campaign contribution to that judge.

Tagged with: Janine Geske Louis Butler Michael Gabelman Mike Skwierawski

Earlier this month the Wisconsin Supreme Court issued a lengthy decision in the case of Seifert v. Balink, handing down the court’s first decision on the recently amended Wis. Stat. § 907.02 and, specifically, whether a medical expert’s opinions are reliable under Daubert.

Tagged with: Daubert Seifert v. Balink