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Reasonableness Case Analysis

The decision does not change the law regarding appellate review of within-guideline sentences in the Seventh Circuit. In U.S. v. Mykytiuk, 415 F.3d 606, 608 (7th Cir. 2005), the court adopted a rebuttable presumption that within-guideline sentences are reasonable. Nor ...

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Vision of the Future

The goal of a new Marquette Law School took another step toward becoming a reality as a preliminary rendering of the complex was recently developed. Dean Joseph D. Kearney projected the price tag of the new law school to be ...

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Plea Withdrawal Case Analysis

The Lackershire decision seems unlikely to be cited as precedent often, but the Howell decision may have great impact. The facts in Lackershire — a legally blind, cognitively disabled defendant charged and convicted of sexual assault of a child, despite ...

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Ability to Pay Case Analysis

The decision in this case is untenable, and attorneys whose clients receive such a condition of extended supervision should object to the condition, and preserve it for potential review in the Wisconsin Supreme Court. The most logical interpretation of the ...

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Untimely Appeal Case Analysis

The decision is coincidentally timed in the Seventh Circuit. Just two days earlier, a panel of the appellate court predicted the imminent demise of the “unique circumstances” doctrine. The doctrine was once “well-established” in the Seventh Circuit. Varhol v. National ...

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False Advertising Case Analysis

A footnote in the court’s opinion, and two pending Supreme Court cases, are noteworthy in future cases involving false advertising claims under sec. 100.18. In footnote 5, the court noted that Perfection was not challenging the instruction that was given ...

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Butler begins campaign

Justice Louis B. Butler Jr. who was appointed to the state’s high court in 2004, has launched his election campaign to retain his seat on the bench. So far, no challengers have emerged in the 2008 spring race. Having the ...

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FCRA Case Analysis

The decision reverses the governing law in the Seventh Circuit. In Wantz v. Experian Information Solutions, 386 F.3d 829 (7th Cir. 2004), a consumer sued a reporting agency, alleging that it failed to investigate an entry on his credit report. ...

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Wrongful Death Case Analysis

In light of the decision, not only may an adult child recover for loss of society and companionship for the death of a parent, a parent may recover for loss of society and companionship for the death of an adult ...

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Adults can still be 'children'

What the court held Case: Pierce v. American Family Mutual Ins. Co., No. 2006AP1773. Issue: Can adult children recover for loss of society and companionship for the wrongful death of a parent? Holding: Yes. “Children,” as that term is used ...

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Deterrence Case Analysis

The court’s discussion of marginal deterrence creates an intracircuit split, which the panel inexplicably fails to acknowledge. Beier’s argument had support in prior precedent, U.S. v. Newsom, 402 F.3d 780 (7th Cir. 2005). The court acknowledged the case, but failed ...

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