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Bench Blog

Jun 15, 2018

Bench Blog says ‘goodbye’ with review of Colorado baker case

The U. S. Supreme Court sidestepped the issue of whether a Colorado baker discriminated against a gay couple seeking a wedding cake and instead decided that the baker had been treated unfairly by the commission adjudicating the discrimination charge.

May 16, 2018

BENCH BLOG: Cumulative evidence and a new form of recantation

In State v. McAlister a majority of the Wisconsin Supreme Court struggled to appropriately define cumulative evidence and introduces a contrived definition of recantation.

Mar 12, 2018

BENCH BLOG: Three billboards in Dane County

Adams Outdoor Advertising leased three billboards near the Dane County Regional Airport. Before the expiration of the lease, Adams Outdoor Advertising sought to renew it.

Jan 30, 2018

Pro rata distributions amid insufficient policy limits

An insurance company deposited its remaining policy limits with the court after settling with several, but not all, of the claimants in a personal-injury lawsuit.

Sep 7, 2017

BENCH BLOG: Court finds tip from social media is same as from citizen informant

Is a tip to law enforcement from equivalent to a tip from an anonymous police informant or a tip from an identified citizen informant?

Jun 20, 2017

BENCH BLOG: On this much they agree: DOJ database seriously flawed

Read the case of Teague v. Schimel at your peril.

May 30, 2017

BENCH BLOG: Client behavior: Enough to draw a tier

The Wisconsin Supreme Court recently reaffirmed its two-tiered framework for loss of the Sixth Amendment right to counsel. It overruled another case requiring a finding of intentionality and once again declined to mandate warnings to a defendant before forfeiture.

May 22, 2017

BENCH BLOG: Accrual of a legal malpractice claim

The Court of Appeals took the opportunity to again offer instruction regarding when a tort claim accrues for purposes of the statute of limitations.

May 2, 2017

BENCH BLOG: Officer’s question to suspect a lesson for deposition preparation

A police officer’s question to a suspect led the Wisconsin Supreme Court on a 42-page exploration of the constitutional consequences recently. State v. Harris tells the tale.

Mar 27, 2017

BENCH BLOG: Judge and juror

A recent jury summons prompted to me to think about judges being called to jury service.

Mar 14, 2017

BENCH BLOG: Phoning in a guilty plea

In a carefully reasoned decision, the Court of Appeals required certain safeguards before a defendant may be allowed to plead guilty by phone.

Feb 20, 2017

BENCH BLOG: In fight over travel ban, court holds trump card (UPDATE)

In a lucid, logically ordered and eminently readable opinion, the U.S. Court of Appeals for the 9th Circuit denied the federal government’s motion for an emergency stay of a temporary restraining order enjoining the enforcement of President Trump’s travel ban.


Should Justice Protasiewicz recuse herself on gerrymandering cases that go before the Wisconsin Supreme Court?

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