Property — landlord-tenant — security deposits — damages
2012AP1180 Keyes et al. v. Waldbillig
Woman pleads guilty in child care fraud case
A woman who built a mansion and bought a Jaguar while collecting roughly $3 million in taxpayer subsidies from her Milwaukee child care centers has pleaded guilty to fraud, theft and conspiracy.
Professional Responsibility — reinstatement
1993AP1135-D, 1994AP1838-D & 1996AP884-D BAPR v. Woodard
ON APPEAL: Which writ depends on decision you want to challenge
Appellate and post-conviction practice is not just limited to direct appeals, §974.06 motions or motions to modify a sentence. Several decisions are reviewable in state court by either a petition for writ of certiorari or a petition for writ of habeas corpus. The question of which to do when depends on the type of decision you seek to challenge.
ON APPEAL: Court clarifies test for sentence modification
Before the Wisconsin Supreme Court’s decision in State v. Harbor, 2011 WI 28 on May 10, the test for seeking a sentence modification based on a new factor was a little bit muddled. The Wisconsin Supreme Court used Harbor to clarify it.
ON APPEAL: Walker’s budget impact on prison sentences
To say that Governor Scott Walker’s proposed biennial budget has gotten a little attention is a huge understatement. But little attention has focused on the immediate impact it will have on inmates serving sentences in Wisconsin prisons.
ON APPEAL: Motion for sentence modification tolls AEDPA
The timeline for filing a petition for writ of habeas corpus in federal court challenging a state conviction is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Recently, the United States Supreme Court addressed whether a state inmate’s challenge to his sentence tolls the deadline.
ON APPEAL: Challenge evidence that doesn’t meet Daubert test
On Jan. 31, 2011, the Legislature did something that the Wisconsin courts have resisted for years. It made Wisconsin a Daubert state for the purposes of admitting expert testimony.
High court to tackle ineffective assistance
This month, the U.S. Supreme Court granted cert in two related plea cases addressing ineffective assistance of counsel, Lafler v. Cooper (No. 10-2009) and Missouri v. Frye (No. 10-444).
Discourage clients from no-merit option
Last month I discussed when appointed counsel should give the required no-merit advice. But what should attorneys do when clients ask the inevitable question: “What do you think I should do?” On the whole, attorneys should discourage clients from choosing the no-merit report option. Six months ago, Justice Prosser authored the decision in State v. […]
No merit doesn’t mean no problem
The no-merit report procedure laid out in WIS. STAT. (RULE) 809.32 applies only to appointed counsel on direct appeal. The process can be confusing, but when to start it should not be.
Court unhappy with citation problems
Over the summer, the Court of Appeals issued four decisions involving criminal cases, both published and unpublished, sanctioning counsel for various infractions. In one decision, the Court sanctioned counsel from both parties. What piqued the Court's ire the most were false appendix certifications and, in one case, missing record citations.
Legal News
- Milwaukee drops security personnel ordinance
- Wisconsin Supreme Court tacks on additional months to already suspended lawyer
- Supreme Court: Abortion protester’s First Amendment rights violated
- These doctors were censured. Wisconsin’s prisons hired them anyway
- Ruling reinstates lawsuit over ‘Black Lives Matter’ school posters
- Wisconsin Supreme Court to consider whether 175-year-old law bans abortion
- Wisconsin man facing bestiality and felony bail jumping charges
- Waukesha County woman indicted in National Health Care Fraud Law Enforcement Action
- Man sentenced to 15 months for fraud involving luxury vehicles
- Wisconsin Department of Justice Fire Marshal investigating fire that killed six
- Ozaukee County first responders save family of three, father and son on Milwaukee River
- Supreme Court sends Trump immunity case back to lower court, dimming chance of trial before election
Case Digests
- Termination of Parental Rights
- First Amendment Rights
- Termination of Parental Rights
- Late Filing
- Real Estate-Attorney Fees
- Ineffective Assistance of Counsel
- Variance-Interpretation of Zoning Ordinances
- Sentencing
- Fourteenth Amendment’s Due Process Clause-Jury Instructions
- Unlawful Collection Practices-Evidence
- Sentencing-Vindictiveness
- Prisoner Grievances-Exhaustion of Administrative Remedies