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Seventh Circuit sentencing split

What the court heldCase: U.S. v. Hankton, Nos. 03-2345 & 03-2915. Issue: Does the presumption that a guideline sentence is reasonable apply at the district court level?Holding: Yes. The presumption is not limited to appellate review of guideline sentences. The presumption that ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 Print, digital and ...

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Ex Post Facto Case Analysis

The opinion in this case is probably the most remarkable post-Booker decision yet, in this circuit or any other.The first and foremost question people are asking is, “What is the Department of Justice going to do?” And that would be the Attorney General, not the U.S. Attorney in Indianapolis.As ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Court issues landmark ex post facto decision

What the court heldCase: U.S. v. Demaree, No. 05-4213.Issue: Does it violate the ex post facto clause to use the current longer sentence guideline than the one in effect when the crimes were committed?Holding: No. Because the guidelines are now only advisory, there is no ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 ...

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No Merit Case Analysis

In a footnote, the court suggested that Wisconsin’s rules governing no-merit cases be reconsidered.The court wrote, “The SPD asserts in its reply brief that ‘the Robbins majority adopts the position advocated by the [SPD] in McCoy: that the Wisconsin rule “arguably exacerbated the ethical problem already present in the ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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‘Partial no-merit briefs’ not required

What the court heldCase: State of Wisconsin ex rel. Ford v. Holm, No. 2002AP1828-W.Issue: Is a defendant entitled to a “partial no-merit brief” when he waives his arguably meritorious issues for appeal, but his counsel believes that the issues the defendant wishes to pursue are ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 ...

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Claim Preclusion Case Analysis

The plaintiffs cannot be faulted for thinking they could file a second lawsuit, despite the dismissal of the first.The Seventh Circuit’s opinion in the first case states, “Citizens’ focus in this case is ... the Ackerville Bridge Project. ... [T]he County J/Highway 164 Project, is relevant to this litigation ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Prior suit bars subsequent action

The doctrine of claim preclusion bars subsequent litigation, even though the plaintiffs’ legal theories in the second action differ from those in the first, the Seventh Circuit held on Aug. 2.The County J/Highway 164 Project involves the expansion of an 18-mile segment of Wisconsin State Highway 164 from two ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Digital Dictation system adopted by local firm

The days of manually transcribing legal facts and figures from bulky cassettes may soon be a thing of the past in many law firms across the country.Technological advancements in digital dictation have been commonplace in other countries for years, but convenient server-based systems have only been available in the United ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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Skwierawski takes helm of MBA

Hon. Michael SkwierawskiRetirement has been kind to Michael Skwierawski, but he has not been kind to retirement.The former Milwaukee County judge hung up his judicial robes in August 2003 after presiding over 513 jury trials during his 25 years on the bench, but his responsibility to the legal system ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Brunner receives national recognition

Hon. Edward R. Brunner Barron County Circuit CourtWhen Judge Edward R. Brunner, who recently received a national award for judicial excellence, decided to go into law, he never imagined he’d be a judge.But when the state Legislature expanded the number of circuit judges nearly 20 years ago, he decided ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Emotional Distress Case Analysis

For purposes of the analysis, we can assume that the child did suffer emotional distress, and that it was severe. However, the most likely cause of that distress was the killing of his dog, rather than being chased with dog feces.Pursuant to Rabideau v. City of Racine, 2001 WI 57, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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Emotional distress claim viable

What the court heldCase: Camp v. Anderson, No. 2005AP2407.Issue: Is a claim for negligent infliction of emotional distress limited to cases where a bystander witnesses injury to a family member?Holding: No. Regardless of the fact situation in which the claim arises, an action is viable ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 ...

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Levine questions bar exam equity

I believe the current situation with two standards — diploma privilege, or passing the bar exam — is unfair, so a task force is being formed to study the rules and regulations of both standards.Steven A. Levine, President, State Bar of WisconsinGraduate from the University of Wisconsin or Marquette ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Fee Splitting Case Analysis

Although the court is correct that no Wisconsin cases interpret secs. 757.295 or 757.45, there is one Wisconsin case that interprets an earlier barratry statute — Chicago, M., St. P. & P. Ry. Co. v. Wolf, 199 Wis. 278, 226 N.W. 297 (1929).And for anyone who enjoys legal opinions for ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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Fee-splitting agreement unenforceable

What the court heldCase: Abbott v. Marker, No. 2005AP2853Issue: Is a contract, providing that an attorney shall pay kickbacks to a non-lawyer who refers clients, enforceable?Holding: The contract is contrary to both statute and public policy, therefore, it is unenforceable.Counsel: Goff, Steven B., ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 Print, digital ...

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Mistake Case Analysis

The decision lends support for defendants in Wisconsin state courts facing what is arguably an unsettled issue.In State v. Longcore, 226 Wis.2d 1, 594 N.W.2d 412 (Ct.App.1999), the Wisconsin Court of Appeals held, as did the Seventh Circuit that, if a police officer erroneously applies the law to the ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Officer’s mistake can’t be probable cause

A police officer’s mistake of law cannot support probable cause to conduct a stop, the Seventh Circuit held on July 17.In 2004, two Illinois police officers received an anonymous tip that a black male driving a maroon Buick possessed drugs and a handgun.After seeing a vehicle matching the description, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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State Indian law needs on the rise

Recent and not so recent developments regarding Indian Law in Wisconsin have raised several questions about trends in tribes’ legal representation.The last five years have seen a concerted effort by Wisconsin’s state and tribal courts to collaborate on jurisdictional conflicts evidenced by protocols established in the 9th and 10th ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Pocan sworn in as judge

Ever since he was a child growing up in Kenosha, William S. Pocan wanted to be a judge, so he took the logical first step and became a lawyer.For 22 years, Pocan sculpted a successful litigation career at Jastroch & LaBarge S.C. in Waukesha. He dabbled in everything from ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Seizure Case Analysis

In addition to the main holding of the case — that an officer’s show of authority is not a seizure for purposes of the Fourth Amendment unless the suspect actually submits to the show of authority — the case is noteworthy for several other aspects.First is the court’s following ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Court: Suspect must submit for seizure to occur

A seizure does not occur for Fourth Amendment purposes until the suspect submits to the officer’s show of authority, the Wisconsin Supreme Court held on July 12.In so holding, the court reaffirmed its decision in State v. Kelsey C.R., 2001 WI 54, 243 Wis.2d 422, 626 N.W.2d 777, which ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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DNR Case Analysis

Inasmuch as this property only has 77 feet of shoreline, it is difficult to take issue with the ultimate conclusion of the court — the DNR reasonably decided that 11 boatslips constitutes “reasonable use.”Nevertheless, the court’s reasoning effectively grants the DNR a blank check to do whatever it wants ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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DNR action is not arbitrary, capricious

The DNR’s decision to reduce the number of boatslips from 22 to 11 was not arbitrary and capricious, the Wisconsin Supreme Court held on July 6.The holding sparked an ad-monishing three-justice concurrence addressing “the growth of agency power, the decline of judicial power, and the tenuous state of property ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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MBA program will target clients of modest means

“It’s kind of the middle ground. There is a huge need for a program like this to benefit both lawyers and the community.”Britt Bellinger, Director MBA Lawyer Referral & Information ServiceFinding a lawyer can be a headache. Finding the right lawyer on a limited budget can be downright painful. ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Sweeney challenges bar members to volunteer

“People live in each other’s shelter.”— Irish Proverb“I’m impressed by how much is already going on. From our young lawyers working on Habitat or our Mentoring Committee, to our Pro Bono Committee that makes pro bono available at a number of places throughout Dane County, to the committee that made ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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