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Sentence Credit Case Analysis

The court gives several good reasons for its holding, but makes no mention of the strongest reason — the plain language of sec. 973.155(1)(b): “The categories in par. (a) [for which a prisoner is entitled to credit] include custody of ...

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Defendant credited for time on ES hold

What the court held Case: State v. Presley, No. 2005AP359-CR. Issue: When a defendant is given concurrent sentences, one on a new charge, and another after revocation of extended supervision, is he entitled to presentence credit on both sentences? Holding: ...

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New ID case tests breadth of Dubose

Once again, the Wisconsin Supreme Court is taking up the issue of eyewitness identification. During its last term, the state’s high court issued a key decision opposing the police practice of showup identification by witnesses. In a case heard earlier ...

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Citation of unpublished opinions OK

“It makes sense. There’s always a little bit of judicially imposed fiction to say, ‘everyone knows this prior case ruled in a particular fashion, but we don’t want you citing to it.’” Steven M. BiskupicU.S. Attorney The U.S. Supreme Court ...

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Fast Track Case Analysis

Despite the court’s holding, defendants facing criminal prosecution for illegal re-entry should nevertheless continue to ask for downward departures. Although the requests must be denied, the issue should be preserved for review. The procedural history of this case is unusual. ...

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Court rules no downward departure

What the court held Case: U.S. v. Galicia-Cardenas, No. 05-3093, & U.S. v. Vega-Lopez, No. 05-3486. Issue: Can a sentencing court in an illegal re-entry case grant a downward departure to avoid disparity in sentences compared with defendants sentenced in ...

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Arbitration Case Analysis

As a result of the decision, the Supreme Court’s opinions in Green Tree Financial Corp. v. Bazzzle, 539 U.S. 444, 123 S.Ct. 2402 (2003), are essentially a nullity in the Seventh Circuit. According to the Seventh Circuit, there is no ...

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Consolidation decision is for arbitrator

What the court held Case: Employers Ins. Co. of Wausau v. Century indemnity Co., No. 05-3437. Issue: Should an arbitrator or a court decide whether an arbitration agreement allows for consolidation of arbitrations? Holding: The arbitrator. Procedural questions should be ...

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Contingency Fees Case Analysis

Inexplicably, the court never even addresses the language of the statute, or attempts to explain why the reasoning of the Fifth Circuit in Daniels v. Brown, 325 F.3d 690 (5th Cir. 2003), is erroneous. The heart of this issue is ...

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Contingency fee can be reduced

What the court held Case: In re: Susan L. Gilbertson, No. 04-37868-svk Issue: When an attorney is retained by a trustee to recover assets for a bankruptcy estate pursuant to a contingency fee agreement, can the fee be reduced if ...

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Down from the Bench; Up on the Stage

Brawl leads to music and humor: Attorneys and judges gathered last Thursday for the Dane County Bar Association’s annual Bench Bar Brawl at The Concourse Hotel in Madison. Circuit Court Judges Daniel R. Moeser and Maryann Sumi served as emcees ...

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Excusable Neglect Case Analysis

The decision is actually a significant extension of the Supreme Court’s decisions in Dugenske v. Dugenske, 80 Wis. 2d 64, 257 N.W.2d 865 (1977), and Hollingsworth v. American Fin. Corp., 86 Wis.2d 172, 271 N.W.2d 872 (1978) — the cases ...

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Roundtable Discussion

Legal Education Roundtable participants pictured from left to right are: Benjamin S. Wagner, Habush, Habush & Rottier S.C.; James D. Friedman, Quarles & Brady LLP; David R. Saggio, Gonzalez, Saggio & Harlan LLP; Bernard J. Westfahl, Westfahl & Westfahl S.C.; ...

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Consent Case Analysis

Although the Supreme Court found that, “All four Courts of Appeals to have considered this question have concluded that consent remain effective in the face of an express objection (cite omitted),” the Court’s decision is actually in accord with dicta ...

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PROTECT Act Case Analysis

For now, the court’s decision in Martinez preserves the status quo — district courts may grant downward departures to avoid nationwide discrepancy, or they may choose not to. Such departures are neither required, nor prohibited. In Wisconsin, district courts have ...

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Feeney Amendment struck down

“In reviewing [the Feeney Amendment] in light of Booker, we conclude that it violates the Sixth Amendment by mandating a sentence within the range recommended by the Sentencing Guidelines.”Hon. Kenneth F. Ripple Seventh Circuit The Seventh Circuit issued two major ...

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Other Acts Case Analysis

The decision in this case will be difficult for the State to distinguish in future cases. Consider two ends of a spectrum. On one end, a police officer is sued, successfully, in a Section 1983 action that alleged false arrest. ...

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Court allows 'other acts' evidence

What the court held Case: State of Wisconsin v. Walter T. Missouri, No. 2005AP1486-CR. Issue: Where a defendant claims that the arresting officer assaulted him, and planted cocaine in his mouth, should he be able to present testimony of other ...

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Case raises civil Gideon issue

“We just raised the amount we’re spending on tourism promotion, from $13 to $15 million per year. Is tourism really more important than fairness in the courts?” John Ebbott, Legal Action of Wisconsin Inc. Over 40 years ago, the U.S. ...

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Hot Chocolate Case Analysis

Although the court’s holding that the dangers of hot liquids are obvious is consistent with almost all jurisdictions to have considered the issue, and comports with long-standing product liability law in Wisconsin, the court’s other holding is more problematic. The ...

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Bankruptcy Case Analysis

On its face, the decision appears to create a conflict in the circuits, providing better protection for creditors in the Seventh Circuit than elsewhere in the nation, but the distinction is largely procedural rather than substantive. The court did refuse ...

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Computers Case Analysis

The court acknowledges at one point that it cannot “stretch[] the statute too far (especially since it provides criminal as well as civil sanctions for its violation).” The statute provides for imprisonment of up to 10 years (20 for repeat ...

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Deleting data violates law

What the court held Case: International Airport Centers, L.L.C., v. Citrin, No. 05-1522. Issue: Does an employee violate the Computer Fraud and Abuse Act by erasing all the data from a laptop loaned to him by his employer? Holding: Yes. ...

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