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Brennan leads Milwaukee courts

After serving 11 years on the Milwaukee Circuit Court bench, Judge Kitty K. Brennan took on the role of chief judge of the First Administrative District last month. Brennan, who spent two years as a deputy chief judge, recognizes the ...

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Damages Case Analysis

The issue of whether evidence of insurance coverage for punitive damages can be presented on rebuttal is an important one that needs to be resolved sooner rather than later. The defendant in this case forfeited any objection by choosing not ...

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Damage award over $20 million upheld

What the court held Case: Staskal v. Symons Corp., No. 2004AP663. Issue: Was an OSHA report properly excluded from evidence, notwithstanding Rule 908.03(8)? Is a compensatory damage award that included $7.5 million for pain and suffering excessive? Does a punitive ...

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IGRA Case Analysis

Notwithstanding the court’s decision, it is possible that other tribes will be able to successfully challenge the provision in the Ho-Chunk compact. There is persuasive precedent from other jurisdictions authorizing a challenge under the APA to the Secretary of the ...

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Challenge to gaming compact fails

The Seventh Circuit held on Sept. 1 that a Wisconsin Indian tribe has standing to object to a compact entered between the State and another tribe. However, the court held that, by failing to respond to the Department of the ...

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Avery Bill finds legislative support

The Avery Bill is receiving praise and support. It is a compilation of criminal justice reforms, though some are proclaiming its virtues louder than others. “It’s not all that everybody wanted, but legislation rarely is,” said Keith Findley, University of ...

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Booker Case Analysis

Even though Paulus lost his Ex Post Facto Clause argument, this decision is nevertheless a boon to some defendants. A comparison of the reasoning to that in U.S. v. Jamison, 416 F.3d 538, No. 05-1045 (7th Cir., July 20, 2005) ...

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Former DA Paulus' sentence affirmed

Joseph F. Paulus The Seventh Circuit on Aug. 22 issued two decisions affirming sentences imposed shortly after Blakely v. Washington struck down a state’s sentencing guidelines, but before U.S. v. Booker extended it to the federal guidelines, including the sentence ...

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Identification Case Analysis

The decision will be difficult to apply in future cases, because there is no principled basis on which to distinguish Bryant v. U.S., 599 A.2d 1107 (D.C. 1991), although the court cited it with approval, and yet distinguished it. In ...

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ID admissible, although arrest unlawful

What the court held Case: State of Wisconsin v. David J. Roberson, No. 2003AP2802-CR. Issue: Must a showup identification be suppressed, where the identification is the fruit of an unlawful entry? Holding: No. If the police had probable cause, apart ...

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At risk: Judicial independence

Is the independence of the judiciary at risk? This was the title of a special town hall meeting before the American Bar Association House of Delegates on Aug. 9, and the short answer to that question appears to be yes. ...

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Sentencing Case Analysis

The term "conviction" is clearly ambiguous, when used in Wisconsin statutes, as the court found, for it has been interpreted to mean different things in different cases. It is not clear, however, that the policy reasons given by the court ...

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Conditional time can exceed one year

Convictions are not entered "at the same time," even though the sentencings are consolidated, the Wisconsin Court of Appeals held on Aug. 16. As a result, a court can order conditional time in jail for more than one year, unless ...

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ABA considers internal changes

Emotions run high when slicing up the pie. Some years, the hot topics at the annual meeting of the American Bar Association’s House of Delegates focus upon the justice system or the practice of law. This year, however, the most ...

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Attorney Fees Case Analysis

Although DeWitt Ross and Stevens may have won its action, the victory may be a Pyrrhic one for family law practitioners generally. Even if the court ultimately holds that subsec. (3)(a) is constitutional, clients have been given enormous leverage in ...

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Roundtable Discussion

Bankruptcy Reform Part II On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention Act of 2005. Although some elements of the act already have taken effect, the majority of changes will take place in October. Some ...

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Punitive Case Analysis

Given that the proper ratio to consider, of punitive to compensatory damages, is not actual damages, but potential damages, the award in this case is clearly not excessive on that basis. As the court noted, actual damages from a drunk ...

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Roundtable Discussion

On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention Act of 2005. Although some elements of the act already have taken effect, the majority of changes will take place in October. Some of the biggest changes ...

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Samaritan Case Analysis

The lead opinion reaches the correct result on the Good Samaritan issue in this case, but the reasoning it employs could be problematic in other cases, because it seems to adopt a wholly objective definition of "emergency care," with no ...

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Statistical Web sites by the numbers

Numbers are important. The legal field often utilizes statistics for justification or explanation. This article highlights several quality Web sites that provide statistical data on a variety of topics. Some provide information in a simple chart, while others allow the ...

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