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Consent Case Analysis

That the holding in this case is suspect can easily be understood by hypothesizing the following scene: a group of police officers are attending their equivalent of CLE, and being updated on recent search and seizure law. The instructor poses ...

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One Day Case Analysis

The court relies on its opinion in U.S. v. Wallace, 458 F.3d 606 (7th Cir. 2006), in striking down the one-day sentence, but the opinion in this case actually is much broader. In Wallace, despite a guideline range of 24-30 ...

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Temporary Plates Case Analysis

The court appears to issue a clear, easily-applied rule of law — temporary license plates do not constitute reasonable suspicion, and officers may not stop the vehicle to verify registration solely on the basis of that fact. Nevertheless, the decision ...

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Failure Case Analysis

There is more than a little irony in the court’s opinion. In its analysis of Elliott’s conviction, the court disavowed a statement from an earlier opinion as dicta, and wrote, “That judicial comments lacking the benefit of an adversarial presentation ...

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Seizure Case Analysis

The court’s logic — that because it was possible for Douglass to leave the scene, a reasonable person would feel free to leave, and therefore, there was no seizure — is suspect. Suppose, for example, that a police officer turned ...

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Should we reinstate the death penalty?

On Nov. 7, Wisconsin voters will consider an advisory referendum question about whether to reestablish the death penalty after a 153-year hiatus. The referendum indicates it would be limited to “cases involving a person who is convicted of multiple first-de-gree ...

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Promissory Estoppel

The question of the extent of a court’s power to award damages in a promissory estoppel case is not one that is likely to be resolved soon. At its heart, the issue involves a topic of great division on the ...

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Should constitution define marriage?

The proposed amendment to the state constitution that will be on the Nov. 7 ballot has attorneys from many areas of practice considering its purposes and potential effects. The amendment would create a section of article XIII of the state ...

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Should we reinstate the death penalty?

On Nov. 7, Wisconsin voters will consider an advisory referendum question about whether to reestablish the death penalty after a 153-year hiatus. The referendum indicates it would be limited to “cases involving a person who is convicted of multiple first-de-gree ...

Read More »

Should constitution define marriage?

The proposed amendment to the state constitution that will be on the Nov. 7 ballot has attorneys from many areas of practice considering its purposes and potential effects. The amendment would create a section of article XIII of the state ...

Read More »

Commitment Case Analysis

The decision “fills in [the] legislative silence” on the procedures to be followed before entering a commitment pursuant to sec. 973.07, with the minimum requirements in Fuller v. Oregon, 417 U.S. 40 (1974). However, it does not fill in the ...

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Loitering Case Analysis

The court’s decision settles an issue that has divided district court judges in the Eastern District. In U.S. v. Moore, 288 F.Supp.2d 955 (E.D.Wis.2003), for example, the district court held, consistent with the Seventh Circuit in the case at bar, ...

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