Quantcast
Home / News (page 1060) /

News

01-3909 Hardamon v. U.S.

“A competent trial strategy frequently is to mitigate damaging evidence by allowing it to come in without drawing additional attention to it, such as an objection would. United States v. Payne, 741 F.2d 887, 891 (7th Cir. 1984) (‘A competent ...

Read More »

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 ...

Read More »

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 ...

Read More »

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, ...

Read More »

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 ...

Read More »

02-0911 Johnson v. Berge

“Since ‘promulgat[ion] without compliance with statutory rule-making procedures’ is one ground for declaring a rule invalid under § 227.40, § 227.40 logically encompasses policies or other statements, standards, or orders that meet the definition of ‘rule’ under Wis. Stat. § ...

Read More »

02-1494-CR State v. Peckham

James J. Peckham appeals from a judgment entered after a jury found him guilty of one count of first-degree sexual assault of a child. He also appeals from an order denying his postconviction motion. Peckham claims: (1) the trial court ...

Read More »

02-1486 Venn, et al. v. Venn, et al.

Taylor Venn and Shelly Ehlers, her mother, appeal from a summary judgment dismissing their action alleging that Rebecca Venn, Taylor’s stepmother, was negligent in not preventing sexual assaults committed against Taylor by Stephen Venn, Taylor’s father. We affirm the judgment ...

Read More »

01-4270 Clark v. City of Braidwood

“Clark could have spared everyone this appeal if he had just alleged a specific date of discovery in his reply to the motion to dismiss or in his motion to reconsider. Then, if the City still wanted to plead the ...

Read More »

02-1904 TOPS Club, Inc. v. City of Milwaukee

“Here, TOPS not only faces § 74.35(2)(a), it also runs up against Wis. Stat. § 74.35(2m), which was enacted after Friendship Village was decided, 1997 Wis. Act 237, § 311m, and was, based on the uncontroverted legislative-history material provided to ...

Read More »

01-3056 Glaeske v. Shaw

Elwyn Shaw appeals a judgment upholding the validity of a trust. He claims the trial court erred when it: (1) dismissed his claim that William Shaw unduly influenced Elwyn’s father, Arthur Shaw, to designate William as the primary beneficiary of ...

Read More »

02-2934 Wallace v. Reliance Standard Life Ins. Co.

“Wallace … contends that Reliance was obliged to obtain additional medical evaluations, which would be submitted to an independent physician for assessment. Nothing in the policy, the employer’s plan, or the summary plan description, requires Reliance to take such steps. ...

Read More »

01-4089 Zurba v. U.S.

“While it is true that Zurba knew that she suffered from some emotional injury prior to the filing of her claim, the district court did not commit clear error in concluding that newly discovered evidence and/or intervening facts existed. Several ...

Read More »

01-2507, 01-2508 State v. Cherry

William S. Cherry appeals an order denying him postconviction relief. Cherry argues that the circuit court erroneously denied his postconviction motion asserting ineffective assistance of counsel without an evidentiary hearing. He contends he was entitled to an evidentiary hearing on ...

Read More »

01-3307 Rodriguez v. McAdory

“[T]he Supreme Court recently has explained that, even if the state court’s review in applying a procedural rule is ‘entangled’ with the merits, that ‘entanglement’ is not sufficient to compromise the procedural default. Carey v. Saffold, 122 S. Ct. 2134, ...

Read More »

02-0583 State v. Keith

“We acknowledge that at least two prior Wisconsin decisions seemingly support the type of analysis suggested by Keith. See State v. Slawek, 114 Wis. 2d 332, 338 N.W.2d 120 (Ct. App. 1983) (police officers outside their jurisdiction arrested defendant after ...

Read More »

02-1697-CR State v. Shanowat

Devery Shanowat appeals from a judgment entered after he pled guilty to one count of first-degree sexual assault of a child. He also appeals from an order denying his postconviction motion, which sought to withdraw his plea and asked for ...

Read More »

02-1240, 02-1508 Coleman v. U.S.

“Coleman … argues that defense counsel erred when he failed to speak to Coleman after the prosecutor neglected to include the weight stipulation as one of the provisions in the plea agreement to which the government would not be bound. ...

Read More »

02-0377-CR State v. Bell

Jaamal D. Bell appeals from a judgment of conviction of second-degree sexual assault as a habitual offender and from an order denying his motion for a new trial on the ground of newly discovered evidence. He argues that phone records ...

Read More »

02-1492 U.S. v. Lenoir

“[P]olice were not aware that Lenoir was entering his own home. They saw Lenoir take flight upon seeing them approach and have difficulty entering the home while armed with a shotgun and an assault rifle. We find that the police ...

Read More »