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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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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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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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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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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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Lawyers jump in to help wave of Katrina evacuees

Julie J. Darnieder, James M. Brennan, Tanner B. Kilander and Jessica A. Abbott (L to R) are among the lawyers who have jumped in to help Katrina evacuees navigate some of the legal challenges that they face. The Marquette Volunteer ...

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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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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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Landlord can’t recover from breaching tenant

“The landlord’s actions in dealing exclusively with the successor, proposing a new long-term lease to the successor, accepting higher rent from the successor as called for in the proposed lease, and failing to communicate in any way to the tenant ...

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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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Corroborating evidence not required for asylum

If an immigration judge finds an asylum applicant’s testimony of persecution to be credible, asylum should not be denied for lack of corroborating evidence, the Seventh Circuit held on Sept. 19. Ehab S. Dawoud and his wife, Amani Y. Refaat, ...

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Justice Butler reviews last term’s criminal cases

“There is nothing illegal about not recording an interrogation. The statement is just not admissible. That is the gist of the Jerrell decision.” Hon. Louis B. Butler Jr. Wisconsin Supreme Court Participants at the State Public Defender Conference in Milwaukee ...

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Labor Logic

U.S. Supreme Court docket watch: Labor and Employment Law cases on the court’s 2005-06 calendar

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Unmined gold: Finding Wisconsin local legal resources

Maybe you know where to find your local ordinances, but what about all the other resources produced by local governments that could assist you in your practice? This handy guide will walk you through what’s available and where to find ...

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Labor Logic

Labor and Employment Law decisions from Judge John G. Roberts, Jr.

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Limitations Case Analysis

The decision raises a number of issues that attorneys need to be aware of whenever an indictment is filed at the eleventh hour before expiration of the statute of limitations. In its discussion of the sufficiency of the evidence, the ...

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Conviction upheld despite erroneous instruction

The Seventh Circuit upheld a conviction for felon in possession of a firearm, even though the jury instructions permitted them to find the defendant guilty for conduct “on or about” a particular date, when, because of statute of limitation issues, ...

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Receivership Case Analysis

According to the allegation in the petition to intervene, the supplier never knew that it was dealing with a receiver, rather than its original client. The key question raised by this case is what such a supplier should do if ...

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Supplier can intervene in receivership

An unpaid supplier to a company in receivership must be permitted to intervene in the action, the Wisconsin Court of Appeals held on Sept. 15. The Urquhart Companies owned and operated three nursing homes in Pierce and Shawano Counties. M&I ...

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Legislature holds hearing on Avery Task Force reforms

“In the name of Gregory Allen’s other victims, and in the name of Steven Avery and all others convicted of crimes they did not commit, I urge you to consider this legislation.” Penny Beernsten,Sexual assault survivor “These are really win-win ...

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