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Commentary

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Gregg Herman On June 1, the Wisconsin Supreme Court granted the petition for review of the unpublished Court of Appeals District IV opinion in Landwehr v. Landwehr, No. 2003AP2555 (Wis.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 Jan. 27, 2005) (per curiam) (unpublished).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 identified by the clerk of ...

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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. The decision affirmed an award ...

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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 of children. Litigation is, per ...

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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 property, adopting a clear, consistent ...

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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 clear, consistent scheme that will ...

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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 clear, consistent scheme that will ...

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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 that an alleged post judgment ...

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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 be invalid and totally unrelated. ...

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