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Audit shows state is short 117 prosecutors

Caseloads are up and the number of state prosecutors is down, according to a recently concluded audit by the Legislative Audit Bureau (LAB). After the numbers were crunched, Wisconsin was found to be approximately 117 assistant district attorneys short as criminal prosecutions had risen more than 11 percent from 2001 to 2005. “We have a good system in place to ...

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Duplex Case Analysis

The decision appears inconsistent with prior Seventh Circuit precedent that the court does not cite, Wilson v. The Health and Hospital Corp. of Marion County, 620 F.2d 1201 (7th Cir. 1980). In Wilson, a property owner filed a Section 1983 action over a warrantless and consentless search of a duplex. The court rejected the defendant’s argument that there should be ...

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Necrophilia Case Analysis

The court’s review of the legislative history, and its conclusion — that sec. 940.225(7) was intended to prevent other defendants from attempting the defense that the defendant used in State v. Holt, 128 Wis.2d 110, 382 N.W.2d 679 (Ct.App.1985) — is indisputably correct. The court of appeals in Holt wrote, “in a rape-murder case where the exact sequence of events ...

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Sentencing Case Analysis

Rule 32(h) of the Federal Rules of Criminal Procedure provides: “Before the court may depart from the applicable sentencing range on a ground not identified for departure either in the presentence report or in a party’s prehearing submission, the court must give the parties reasonable notice that it is contemplating such a departure. The notice must specify any ground on ...

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Offset Case Analysis

Despite the holding, plaintiffs’ attorneys should continue to oppose offsets where the subrogated insurer defaults, and preserve the issue for potential review in the Wisconsin Supreme Court. The holding in Lambert v. Wrensch, 135 Wis. 2d 105, 399 N.W.2d 369 (1987), has always been contrary to public policy, and recent cases from the Supreme Court undermine it. When a subrogated ...

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Amendment Case Analysis

The result in this case is consistent with prior precedent, but the reasoning goes far beyond it. The court could have resolved the issue solely with reference to Sutter v. State, 69 Wis.2d 709, 233 N.W.2d 391 (1975). In Sutter, the plaintiff alleged breach of contract, and was awarded judgment in the trial court. The Supreme Court reversed, and remanded ...

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Plaintiff can't assert new claims

What the court held Case: Tietsworth v. Harley-Davidson, Inc., No. 2004AP2655. Issue: Can a plaintiff amend his complaint after an appellate court has affirmed a dismissal by the circuit court? Holding: No. Absent a clear directive to act, the circuit court has no jurisdiction to reopen the case for amendment of the complaint. Attorneys: For Appellant: Warshafsky, Ted M.; Crivello, ...

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Businesses see ups, downs due to foreclosure activity

We’ve certainly been busy for the last couple of years.” Duncan C. Delhey Gray & Associates LLP It is no secret that the steady escalation of foreclosures around Wisconsin has forced thousands of homeowners to deal with financial and emotional hardships. The rise in foreclosures has affected businesses in a variety of ways. Some groups, such as attorneys specializing in ...

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Reasonable Costs Case Analysis

As a result of the decision, all fee-shifting statutes could be interpreted to allow for an award of “reasonable costs,” regardless of whether the statute allows for “actual costs” or just “costs.” Any statute which is designed to protect consumers (or tenants, or any other group deemed to have unequal bargaining power), will be indistinguishable from sec. 218.0163(2). Unless “reasonable ...

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Residential foreclosures not seen as economic detractor

Foreclosures are up in Wisconsin in a pretty significant way. ForeclosuresWI.com reports that over the last year, the foreclosure rate shot up 45 percent in Milwaukee County, while they rose 11 percent in Dane County. The state as a whole, meanwhile, averaged a 21 percent increase. And while more people may be moving out of their homes, economic development leaders ...

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Foreclosure fallout

Following the residential housing boom earlier in the decade, Wisconsin, like the rest of the country, has taken a turn in recent years and seen a rise in the number of residential foreclosures. Looking at figures for the first quarter of 2007, the Mortgage Bankers Association has ranked the state 35 in terms of mortgage payment delinquency and 13 for ...

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Fundamental aspects of foreclosures

Click here for larger image A mortgage payment hasn’t been made in months. It’s time to foreclose. Here’s what debtors and creditors can expect, legally speaking. Wisconsin is a judicial foreclosure state, meaning that a lawsuit must be commenced to foreclose on property. It also means that the process in general is lengthier than the nonjudicial alternative available in some ...

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Lending practice changes mulled

The era of the high-risk mortgage loan could soon come to a close. With many of the economy’s current struggles being blamed on overzealous mortgage lending by financial institutions, federal regulators are stepping up efforts to crack down on loose lending practices. Responding to pressure from Congress, the Federal Reserve is considering several reforms, including: limiting loans that do not ...

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Work with mortgage company before filing bankruptcy

"I always recommend to people that they should at least contact the mortgage company because with so many foreclosures going on, I think as a whole, the industry is becoming a little more willing to do work-outs with people." Robert M. Waud, debtor’s bankruptcy attorney “I’m about to lose my car.” “I’m about to lose my home.” These are refrains ...

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Foreclosures not a major factor in slow home starts

There’s no clear-cut way to determine how the rising number of foreclosures is contributing to the decrease in new homes being built. In 2006, Wisconsinites pulled 8,005 fewer home-building permits than they did in 2005. The short answer is that rising foreclosures didn’t help the situation any. But the 34 percent increase in foreclosures between 2005 and 2006 is a ...

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Frivolousness Case Analysis

If nothing else comes of this case, it should be expected that, the next time the court makes a rule change, it will consider whether its application should be retroactive and state so explicitly. Even if the court doesn’t, however, the court has issued an opinion that will provide guidance for lower courts in deciding whether a new rule is ...

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Assembly budget would cut $19 million from circuit courts

The Republican-controlled Wisconsin Assembly made good on its promise to cut spending with passage of its version of the biennium budget on July 10. The budget, passed by a 51-44 vote, calls for approximately $9.8 billion less in spending than the state Senate version which was approved on June 26. Casualties included removal of more than $19 million in state ...

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Eminent Domain Case Analysis

This is the most fractured decision of the court this term, and reckoning its holdings requires an XY chart, with seven justices spanning one axis and 2 issues spanning the other axis. The first issue is whether replacement property implicates the Takings Clause. Justice Prosser says it does; Justices Roggensack, Wilcox and Crooks say it does not. Chief Justice Abrahamson ...

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Senate makes few changes to judicial aspects of budget

County Payments Under the Senate-approved budget, payments to counties for circuit court costs would increase by $9.1 million in 2007-08 and $10 million in 2008-09. Under the existing budget, counties receive a total of $18.7 million annually. Of the 150 changes made by the Wisconsin State Senate to the Joint Finance Committee’s (JFC) version of the state budget, very few ...

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