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Prisoner Litigation Case Analysis

At least three points in this case are particularly noteworthy. First, in reviewing the district court’s assessment, the court noted that the district court had access to Pruitt’s written pretrial submissions. However, as the dissent notes, those were prepared by ...

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UFTA Case Analysis

Although this case involves an interpretation of Illinois law, it is nevertheless relevant to Wisconsin practitioners, because sec. 242.05(1) is identical to the Illinois statute considered in this case. In addition, just as there are no Illinois cases directly defining ...

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The Write Stuff

Two articles by UW Law School Professors Stewart Macaulay and Marc Galanter have been included in a collection of the top legal writing. Photo courtesy of UW Law School When it comes to creating some of the most prolific legal ...

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PSI Reports Case Analysis

The conclusion of the court is rather unremarkable — a defendant cannot respond to a no-merit brief by his attorney in a meaningful way without access to the PSI (at least if he wishes to challenge his sentence). Nevertheless, the ...

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Defendants has right to access PSI

What the court held Case: State of Wisconsin v. Michael J. Parent, No. 2005AP661-CRNM Issue: Does a defendant whose attorney files a no-merit brief have the right to access his presentence investigation report? Holding: Yes. Meaningful opportunity to respond to ...

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Voluntary Payment Case Analysis

The case is a good candidate for review in the Supreme Court. The court of appeals twice deferred considering the equities of the case by remarking that any exception to the voluntary payment doctrine must be created by that court. ...

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BOG considers nonresident lawyer plan

As of Dec. 6, 2006, nonresident attorneys accounted for more than 30 percent of total membership in the State Bar of Wisconsin, but far less than half of that percentage is reflected on the State Bar’s governing body. Recent efforts ...

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Reconfinement Case Analysis

The most noteworthy aspect of the decision is that, even though the court affirmed the reconfinement sentence, it arguably would not do so, on identical facts, in a future case. Before finding that the circuit court articulated sufficient reasons for ...

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Bank Records Case Analysis

The decision is a good candidate for review in the Wisconsin Supreme Court, for at least two reasons. First, it raises the question whether Art. I, sec. 11, of the Wisconsin Constitution is still coextensive with the Fourth Amendment. The ...

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CLE On Demand

On-demand Continuing Legal Education (CLE) programs will soon be in demand as the Wisconsin Supreme Court adopted amendments to Supreme Court Rules 31.01 and 31.05 pertaining to the expansion of CLE programming online. Overwhelming support from the State Bar, Board ...

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Malicious Injury Case Analysis

Perhaps the most important thing to keep in mind regarding this case is that it concerns dismissal, rather than summary judgment. To proceed to trial, the plaintiff will have to present evidence; at this stage of the proceedings, allegations alone ...

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Sentencing Case Analysis

The court’s affirmance of a 37-month sentence, in the low end of a properly calculated guideline range, would not normally merit publication by the court, and could have been disposed of with summary disposition, but the court added several features ...

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GAL Case Analysis

The decision makes some issues clear, but opens up some new questions. The decision makes clear that, where physical placement or custody is disputed, appointment of a guardian ad litem is mandatory, and that a judgment is invalid if none ...

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