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GPS Case Analysis

Defense attorneys should continue to seek suppression of evidence gained as a result of attaching GPS devices to cars, especially when no warrant was obtained, given the split of authority between the circuit courts. Attorneys doing so would be wise ...

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Under Age Drinking Case Analysis

The question raised by the opinion is whether, as the dissent claims, it effectively imposes strict liability on parents if underage alcohol consumption by teenagers occurs on their property, and injury results. The majority opinion makes only one statement that ...

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Consumers Case Analysis

Some of the court’s numerous holdings in this case are plainly dictated by prior precedent, but the court’s holding that the contracts at issue are substantively unconscionable is a marked extension of prior law. The holding that the choice of ...

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Privilege Case Analysis

The court’s holding in this case should be easily distinguishable in any similar case, because of one short sentence in footnote two of the opinion: “The record does not indicate whether Fox’s initial conversations with Lamon and Isaf were authorized ...

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Sentencing Case Analysis

Wisconsin’s sentencing scheme is not comparable to California’s, so the decision has no direct effect here. In addition, the majority opinion studiously avoids saying anything that suggests how it may rule in the two other right-to-jury cases pending before it, ...

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School Zone Case Analysis

Remarkably, this is the first case to address the constitutionality of sec. 939.632, even though the constitutionality of certain provisions is dubious, and the statute has been in effect since 1995. Prosecutors have either been loathe to make full use ...

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Tax Fraud Case Analysis

The decision is not the first in which the court has held that a district court did not error in not grouping a tax fraud conviction with another conviction. The decision is nevertheless noteworthy, because the argument in favor of ...

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DBE Goals Case Analysis

In light of this decision, Wisconsin’s own DBE program is effectively immune from constitutional attack. Most importantly, the court reaffirmed its holding in Milwaukee County Pavers Ass’n. v. Fiedler, 922 F.2d 419 (7th Cir. 1991), that a state’s compliance with ...

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Indiana Case Analysis

Both of these cases address Indiana laws, but both are nevertheless relevant to Wisconsin attorneys and lawmakers. A requirement that voters present photo ID has wide support in Wisconsin, and legislation has previously been introduced to create such a requirement, ...

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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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