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Distinction between use, area variances

“The ‘no reasonable use’ standard is largely disconnected from the purpose of area zoning, fails to consider the lesser effect of area variances on neighborhood character, and operates to virtually eliminate the statutory discretion of local boards of adjustment to ...

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Variance Case Analysis

The decision is noteworthy not only for restoring the distinction between use and area variances is a welcome one, but for the absence of any discussion of whether the variance at issue is actually an area variance. Arguably, the variance ...

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High Court announces new Confrontation Clause

In 1603 Sir Walter Raleigh was tried and condemned to death for treason. A substantial part of the evidence against him was derived from a letter and unsworn out-of-court testimony attributed to an alleged accomplice, Lord Cobham. Raleigh demanded Cobham’s ...

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Confrontation Clause Case Analysis

The two areas of law most likely to be affected by the decision are domestic violence cases and sensitive crimes — the areas most commonly plagued by uncooperative witnesses. Only one Wisconsin case is expressly rejected by the U.S. Supreme ...

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Profile Case Analysis

The effect of the decision is to give circuit courts unfettered discretion to admit, or not admit, Richard A.P. evidence. In the case at bar, the accusations were made six years after the alleged incident. Thus, the case plainly fits ...

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Zoning Case Analysis

While the Supreme Court affirms the decision of the court of appeals, it changes the result somewhat in that, on remand, the circuit court will be free to consider all equitable arguments, regardless of whether the certiorari court has already ...

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Frisk of nervous passenger held unlawful

“An officer’s concern for his or her safety, or lack thereof, is only one part of the rich tapestry of factors that is the totality of the circumstances inquiry.” Hon. Shirley S. Abrahamson Wisconsin Supreme Court An officer’s subjective belief ...

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Frisk Case Analysis

Aquestion that the decision leaves notably unaddressed is the continued vitality of the penultimate paragraph in State v. Mohr, 2000 WI App 111, par. 17, 235 Wis.2d 220, 613 N.W.2d 186. The court of appeals wrote, “We also consider noteworthy ...

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Sex predator laws face changes

Fewer of those deemed sexually violent persons may win supervised release from commitment if the provisions in a bill before the state Assembly become law — and that’s as it should be, according to one of the bill’s authors. State ...

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Guilty plea bars malpractice claim

A client’s guilty plea bars her from bringing a malpractice action against her attorney, the Wisconsin Court of Appeals held on Feb. 26. Patricia Mrozek, a financial advisor and securities agent, retained the law firm of Mallery & Zimmerman, S.C., ...

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Preclusion Case Analysis

An interesting question raised by the case is whether the result would be the same as to Mrozek’s claim, if she had pleaded no contest instead of guilty. The seemingly obvious answer is that issue preclusion would not apply. The ...

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Warrants Case Analysis

Defendants affected by the decision that a search warrant justifies an arrest without an arrest warrant, prior to the search itself, should continue to raise this issue and preserve it for possible review in the Supreme Court. It may not ...

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13-page auto policy unambiguous

“As each policy’s length including the endorsement is only thirteen pages, a policy holder can easily flip through the policy and find the clearly-labeled endorsement page at the end.” Hon. Patricia Curley Wisconsin Court of Appeals An automobile insurance policy ...

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Reducing Clause Case Analysis

The decision is a good candidate for review in the Wisconsin Supreme Court, for two reasons: (1) it creates conflict between District I and District III as to whether reducing clauses can include any sources other than the three enumerated ...

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Guerin, Shriner vie for president-elect

“We need to keep pounding the message to lawyers about the ‘Jimmy Stewart mentality.’ Lawyers need to step back sometimes and recognize how they have changed people’s lives, and how truly rare they are.” D. Michael Guerin Gimbel, Reilly, Guerin ...

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Lying to disabled is misrepresentation

“There were multiple opportunities for someone to tell Betterman the truth, yet no one did. The jury could have reasonably found that, under the circumstances, Fleming’s representations were outrageous.” Hon. Gregory A. Peterson Wisconsin Court of Appeals Punitive damages were ...

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Misrepresentation Case Analysis

There are several possible grounds for this decision to be either reversed in whole or in part, if it were to receive further review in the Wisconsin Supreme Court. The first is whether the elements of intentional misrepresentation were met. ...

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Fees must be set before review

“This is not an appropriate occasion for [appellate review], because we cannot be sure what the dismissal order would have provided, yet its details could affect the question whether plaintiffs are prevailing parties.” Hon. Frank Easterbrook 7th Circuit Court of ...

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Appeal Case Analysis

In the wake of this decision, a question arises how much, if any, of the holding in Bittner v. Sadoff & Rudoy Industries, 728 F.2d 820 (7th Cir. 1984), remains valid law. In that case, Bittner was an employee of ...

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