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Grand Jury Case Analysis

The decision will be valuable to litigants in two situations: specifically, when a party seeks federal grand jury testimony for a state court proceeding; and generally, whenever an opposing party argues that a statute, as written, produces absurd results. In ...

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Court enjoins disclosure

Even if the government erroneously disclosed grand jury materials to nongovernmental personnel, Rule 6(e) forbids further disclosure to another party, the Seventh Circuit held on Oct. 21. Joseph Jaskolski, a private investigator, assisted federal prosecutors in an investigation that led ...

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Prejudice Case Analysis

The court’s conclusion that Anderson failed to show prejudice — because the state had an overwhelmingly strong case — is troubling. The case is properly classified as a “he-said/she-said” case, turning entirely on the relative credibility of the defendant and ...

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Court finds guilt overwhelming

“The trial court’s communications regarding the reading back of Anderson’s testimony did not prejudice Anderson. First, the State had a strong case against Anderson. The jury had the opportunity to view the video interview of M.L., in which she convincingly ...

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Whistleblower Case Analysis

The decision leaves employees in the awkward position of not knowing whether, in fact, the whistleblower law makes the Division of Equal Rights the exclusive forum for adjudication of claims or not. The answer would seem to be no, inasmuch ...

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DWD loses jurisdiction over claim

“We reject Albrechtsen’s (and the Dissent’s) suggestion that subject matter jurisdiction can be switched ‘on and off’ at will, or that Wis. Stat. sec. 230.88(2)(c) permits jurisdiction to be initially possessed by the Commission, lost to the federal court and ...

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Sentence in excess of guidelines reversed

“Having identified the relevant factors, the judge did not single out any aspect except criminal history. … These are significant concerns, but they overlap and, as far as we can tell on this record, are encompassed by the district court’s ...

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Standing Case Analysis

The decision is long on dicta, if short on binding precedent. Unless a district court grants the motion for vacatur and expresses a lack of confidence in the soundness of the judgment rendered in his own court, the case will ...

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Intervenor lacks standing to appeal

“So remote is the prospect that Enrick could have derived a benefit in suit number 2 from vacating the settlement in suit number 1 that we conclude that he has not established standing to pursue this appeal.” Hon. Richard A. ...

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Sentencing Case Analysis

The decision raises the interesting question of whether, post-Booker, the trial court’s sentence in U.S. v. Cross, 289 F.3d 476 (7th Cir. 2002), which the court cited by way of analogy, would withstand scrutiny. In Cross, the defendant was convicted ...

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Identification Case Analysis

Whether the Supreme Court in State v. Dubose, 2005 WI 126, 699 N.W.2d 582, implicitly overruled State v. Marshall, 92 Wis.2d 101, 284 N.W.2d 592 (1979), is an important question that demands consideration by the Supreme Court, and prosecutors adversely ...

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Accidental ID may be inadmissible

An “accidental identification” of a defendant, out-of-court, is unreliable and must be suppressed, the Wisconsin Court of Appeals held on Sept 28, where it occurs just outside the courtroom on a day when the witness expects to see the alleged ...

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Vienna Case Analysis

The court is the first of the circuits to permit damage claims for Article 36 violations. All have rejected suppression of evidence as a remedy, and two — the Fifth and Sixth — have expressly held that no individual rights ...

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Vienna Convention violation spawns suit

“In the absence of any administrative or other alternative to measures we have already rejected (such as suppression of evidence), a damages action is the only avenue left.” Hon. Diane P. Wood Seventh Circuit A foreign national who is not ...

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Asylum Case Analysis

The actual holding in the case is not especially noteworthy, because the Seventh Circuit has held in previous cases, that asylum should not be denied to credible applicants, solely because of lack of corroboration. In Balogun v. Ashcroft, 374 F.3d ...

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Landlord Case Analysis

The decision is unsound both on public policy grounds, and because it is contrary to the precedent and statutes. It is noteworthy that, since CSS North Henry, LLC, v. Tully, 2001 WI App 8, 240 Wis.2d 534, 624 N.W.2d 847 ...

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