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Objection Case Analysis

The decision has the potential for enormous implications, and they are not good ones. The defense’s objection in this case — “Objection. Hearsay.” — is a commonplace one, and has long been assumed to be a sufficiently specific objection, at least in circumstances like these. Here, the statement clearly was hearsay, and the defendant objected. The prosecutor responded by saying, ...

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Alienation Case Analysis

The case illustrates the caveat, “Be careful what you wish for; you just might get it.” Lester has managed to keep the property in the family (and keep it intact except for Sue), but at what cost? Sue sold her share for far below market value (possibly because she believed this provision barred her from getting a fair price), and ...

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Rental Case Analysis

If not reversed by the Supreme Court, the decision creates what may be only a one-time windfall for municipalities. Presumably, companies that rent property for less than a month, but are willing to rent for more than a month if the customer wishes, will respond to the decision by eliminating that option. Thus, the only long-term effect of the decision ...

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Order sets off judicial fireworks

Hon. Prosser The long-running, and long-avoided, dispute between unsuccessful candidate for governor, Mark Green, and the State Elections Board was dismissed on April 25, pursuant to the parties’ settlement of the case on March 16, and their joint motion to dismiss. Nevertheless, the controversy ended with a bang rather than a whimper. The court’s order consists of but 38 words: ...

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Privilege Case Analysis

Although the court held that the union representative in this case was acting as an agent of the attorney, attorneys should not carelessly assume that it is always OK to have a union rep. around while you discuss facts with your client. In a footnote, the court warned, “We do not suggest that an independent privilege exists for communications between ...

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Federal bar honors Santelle

Wisconsin Law Journal photo by Jack Zemlicka Attorney James L. Santelle received the Judge Robert W. Warren Public Service Award at the Eastern District of Wisconsin Bar Association 5th Annual Meeting and Presentation on April 19 at the Milwaukee Athletic Club. U.S. District Court Judge J.P. Stadt-mueller honored Santelle for his dedication to public service locally, nationally and abroad. Santelle ...

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Heffernan remembered for personality, professionalism

The separation of work and play is a delicate balance and one which was achieved by former Wisconsin Supreme Court Chief Justice Nathan S. Heffernan, who died at age 86 on April 13. A native of Frederic, Wis., Heffernan sat for more than three dec-ades on the Supreme Court starting in 1964 and serving as chief judge from 1983 until ...

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Preemption Case Analysis

If one were to read only the brief of the State of Michigan and amicus curiae briefs on both sides of the issue, one could reasonably have concluded that the issue in this case was the wisdom of state consumer protection laws. However, the majority opinion does not even touch on that issue; only the dissenters do, briefly, near the ...

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Gramling has enjoyed teaching from the bench

“One thing I’ve learned as a municipal court judge is the enormous power that the driver’s license bears.” James A. Gramling, Jr., Milwaukee Municipal Court Milwaukee Municipal Court Judge James A. Gramling Jr. says that at first, he really didn’t like the lack of windows in his courtroom or chambers. But with time, he got used to it. It quickly ...

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White Collar Case Analysis

The decision is significant in two respects: reemphasizing that the court will not accept probation-only sentences for large-scale white collar criminals; and adding to the list of factors that are not permissible grounds for a below-guideline sentence. In U.S. v. Wallace, 458 F.3d 606 (7th Cir. 2006), the district court imposed a probation-only sentence, even though the guideline range was ...

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Recording Case Analysis

The case is a good candidate for Supreme Court review and ultimately, reversal. The court of appeals’ distinction between recordings made under color of law, and those not made under color of law, was plainly rejected by the Wisconsin Supreme Court in State v. Maloney, 2005 WI 74, 281 Wis.2d 595, 698 N.W.2d 583. Section 968.31(2) makes one minor distinction ...

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Second-chair attorney must have information, authority

"If you are going to have someone pinch-hit for your firm, you had better make sure they can bind you to the court’s calendar." Hon. Moria G. Krueger (ret.), Dane County Circuit Court In nearly 30 years on the bench, Judge Moria G. Krueger has dealt with all kinds of civil trial attorneys — the good, the bad and the ...

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Sentencing Case Analysis

The decision provides a wealth of useful persuasive authority for defense attorneys arguing for below-guideline sentences. Anyone involved in the criminal justice system for any length of time inevitably comes across a particular breed of defendant — a woman who is seems far more likely to be in court as a domestic violence victim than as a criminal, but is ...

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