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Structure Case Analysis

The decision in this case is unlikely to be used as precedent in future cases, except to distinguish it. Although Rizzuto did present expert evidence that it is unsafe to use nothing more than glue to adhere 20-pound granite tiles ...

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Article 36 Case Analysis

This is the first Wisconsin case to consider the Vienna Convention in a criminal context, but, as can be seen from the large number of cases cited from other jurisdictions, it is not a novel question, nor is it one ...

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Roggensack accepts Brunner's PAC challenge

“Additionally, we will challenge Judge Brunner to join us in our commitment to ask all PACs not to make any positive or negative campaign ads.” Hon. Patience Roggensack Throughout the race for state Supreme Court, Barron County Circuit Court Judge ...

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Witness Case Analysis

Even though the court held in dicta that witnesses have no right to be notified that an attorney wishes to see them (and given Moran, there is no reason to think the court would hold otherwise if the issue were ...

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Contractor regulations not absolute

Hon. Patricia S. Curley A home improvement contractor’s noncompliance with the regulations in ATCP 110.05 does not necessarily give the buyer the option to cancel the contract, the Wisconsin Court of Appeals held on Feb. 11. In October 2000, Richard ...

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Home Improvement Case Analysis

Three observations need to be made concerning the decision in this case. First, no reasonable person can dispute that the decision is fair, just, and equitable. Second, the decision might be consistent with existing case law and the terms of ...

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Court considers duty to defend

"Isn’t advertising implicit in this? If they have the product, but no one knows they have the product, there’s going to be no injury. Somehow, word has to get out to the public through some form of advertising." Hon. William ...

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Right to Counsel Case Analysis

If one were to read solely the body of this case, without looking at the footnotes, the case would appear a significant contraction of prisoners’ constitutional rights. The lengthy paragraph quoted above, discussing the Sixth Amendment, suggests that prisoners have ...

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New MU Law School dean comes from within

Joseph D. Kearney Scholar. Teacher. Practitioner. Pro bono advocate. Family man. White Sox fan. All those labels describe Prof. Joseph D. Kearney. He’s about to take on a new role: law school administrator. Kearney, 38, will become Marquette University Law ...

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Double Recovery Case Analysis

If published, as recommended by the court, the decision would likely turn the law of third-party liability in worker’s compensation cases on its head. The decision in Page is inapposite to this case. The Supreme Court emphasized, in the very ...

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Suppression not remedy for arrest

Even if the stop and detention of a defendant is unlawful, by virtue of it occurring outside the police officer’s jurisdiction, suppression of the evidence is not required, the Wisconsin Court of Appeals held on Feb. 6. On Nov. 14, ...

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Suppression Case Analysis

It has long been assumed that an unlawful extrajurisdictional action by a police officer is grounds for suppressing the evidence found as a result. Keith would not have challenged the stop otherwise, nor would the defendants in the leading cases ...

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Implied Consent Case Analysis

The decision in this case is going to be very difficult to apply should facts similar to those in Goss occur, i.e., the officer permits a drunken driving suspect to call an attorney from the police station. As noted, when ...

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Candidates discuss issues at DCBA luncheon

Hon. Patience D. Roggensack Dane County’s legal community recently had an opportunity to pose questions to Wisconsin’s three state Su-preme Court candidates. Judges Edward R. Brunner, Paul B. Higginbotham and Patience D. Roggensack offered their thoughts on abortion rights, frivolous ...

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Promoting Case Analysis

Although the court found that Grayson was not discriminated against, the court expressed significant suspicion of the means of promotion used by the City of Chicago that could be useful to plaintiffs in other cases. In addition to the quotation ...

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Internet Case Analysis

Given the ubiquity of the Internet, and the growth of Internet-facilitated crime, it is noteworthy that this is the first Seventh Circuit case to consider the legality of a condition of supervised release barring Internet use without permission. Even more ...

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State Bar plans to join amicus brief

Gov. James M. Brennan The State Bar of Wisconsin has decided to join an amicus brief supporting the University of Michigan Law School in a lawsuit challenging the school’s use of race as a factor in admissions. During its recent ...

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Courts can banish stalker from county limits

"Margaret has been stalking these people for a decade and has ignored previous orders to cease and desist. She has expressed no remorse and exhibits no inclination to discontinue her dangerous fixation on the people she torments. Banishment from Walworth ...

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Banishment Case Analysis

Even though the court of appeals has previously upheld a banishment order in Nienhardt, the analysis in this case bears little resemblance to that case. Although the court stated, after discussing the decision in Nienhardt, "Thus, banishment is not a ...

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Attorney Fees Case Analysis

The decision creates a narrow exception between the general rule that limits recovery of attorney’s fees to token amounts, and the usual exceptions that permit "reasonable attorney’s fees." Attorney fees are governed by Section 814.04, which provides in relevant part: ...

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