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

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

The Court of Appeals took a dim view of a brother’s response to his sister’s declaratory lawsuit in which she sought to affirm her riparian rights on the Sailor Creek Flowage in Price County.

Tagged with: Bench Blog Jean DiMotto Patricia Curley Patrick Madden

With high financial stakes, demanding clients and looming deadlines, it’s easy to let our control of our words and actions slip under pressure. Nearly every day we read stories about lawyers being uncivil and doing uncivil things — most of the time, in high-pressure situations.

Tagged with: Michael R. Panter

Overturning two lower court rulings, the Wisconsin Supreme Court struck a blow for government secrecy.

Tagged with: Brad Schimel Rebecca Bradley Shirley Abrahamson Wisconsin Supreme Court

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.

Tagged with: Bench Blog Daniel Kelly Gregory Potter Jean DiMotto State v. Weber Wisconsin Supreme Court

As you approach mediation, one of the things that you might do to figure out what your case is worth is get a second opinion.

Tagged with: Jim Mathie On Mediation

Many law schools have let their students down over the past decade.

Tagged with: Critic's Corner Law school Michael D. Cicchini

The family of Jay Anderson Jr., who was shot and killed last June by a Wauwatosa police officer, says that federal prosecutors have agreed to review the case now that Milwaukee County District Attorney John Chisholm has decided that the officer's actions were justified self-defense.

Tagged with: John Chisholm

In a recent column about BATNA, I suggested that as you get closer to your BATNA range, you will want to evaluate your confidence about that range.

Tagged with: Jim Mathie On Mediation

As the former president of the Outagamie County Bar Association and the current vice president of the Brown County Bar Association, I was asked to share some of the experiences these leadership positions have brought me.

Tagged with: Brown County Bar Association Habush Habush & Rottier Jacob Reis Outagamie County Bar Association

It's no secret some banks behaved badly during the past decade.

In my column from earlier this month, I discussed lawyers’ obligations to ensure confidential information is not disclosed when e-discovery procedures are taking place.

Tagged with: attorney-client privilege Rules of Evidence Tim Edwards

Is a tree-cutting service entitled to recreational immunity when cutting trees on a conference center’s property that has a public path? The Court of Appeals says “no,” relying on a Wisconsin Supreme Court case from earlier this year on recreational immunity.

Tagged with: Bench Blog District 2 Court of Appeals Jean DiMotto Mark Gundrum Phillip Koss Recreational immunity

Jury instructions are a central part of any criminal trial.

Tagged with: Anthony Cotton Jury instructions Kuchler & Cotton Michael Cicchini On the Defensive

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.

Tagged with: Bench Blog Brian Hagedorn Chad Kerkman immunity Jean DiMotto Mark Gundrum Paul Reilly State v. Williams

After decades of the national Chamber of Commerce, big business and insurance industry propaganda against tort litigation and plaintiffs’ trial attorneys, many jurors have been tainted to one extent or another with anti-tort bias.

Tagged with: jury selection

Pro bono work is an indisputably positive activity — in theory. However, the specifics of a pro bono plan are not always so indisputable.

Tagged with: Ed Poll Lawbiz Coaches Corner pro bono

Last week, Milwaukee Public Schools Superintendent Darienne Driver proposed a number of reforms to Milwaukee’s schools. Some of these ideas are not without merit.

Tagged with: Milwaukee Public Schools Wisconsin Institute of Law and Liberty

For many years, courts and commentators have acknowledged that the attorney-client privilege is the most important privilege in our legal system.

Tagged with: attorney-client privilege e-discovery Tim Edwards

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.

Tagged with: Critic's Corner Michael Cicchini State v. Williams

In a case that lies at the intersection of child-pornography law and restitution law, the Court of Appeals concluded that the mother of a victim of child pornography could not obtain restitution from an offender.

Tagged with: Bench Blog Child Pornography David Reddy Jean DiMotto Mark Gundrum Paroline v. U.S.

The term BATNA was first coined by Roger Fisher and William Ury in a groundbreaking book titled "Getting to Yes." BATNA is an acronym that stands for Best Alternative to a Negotiated Agreement.

Tagged with: BATNA Jim Mathie mediation

U.S. District Judge James Peterson made the right call last week when he ordered the state to provide additional information to the public about how to get voting credentials but chose not to halt the state's voter ID law.

Tagged with: James Peterson voter ID

It’s better, but it’s still not really good. What I’m talking about is the situation of law schools.

Tagged with: Ed Poll Law school Lawbiz Coaches Corner

We are a nation of laws based on an assumption of fairness. When two sides can’t agree you go to court. You know how this works. Except in Wisconsin.

Tagged with: Jerry Huffman Medical malpractice