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Jean DiMotto

May 8, 2014

BENCH BLOG: Justices provide much-needed clarification

In an abbreviated opinion, the Wisconsin Supreme Court clarified its previous, murky plurality decision in State v. Johnson on State v. Shiffra jurisprudence.

May 6, 2014

Appeals court tosses homicide conviction (UPDATE)

A state appeals court ordered a new trial Tuesday for a Milwaukee man accused of shooting his parents.

Apr 17, 2014

BENCH BLOG: Appeals court provides rational ‘stop and frisk’ guidance

When is a Terry “stop and frisk” permissible under the Fourth Amendment in “a very high-volume … crime area with a lot of gun violence?” The District I Court of Appeals recently provided guidance.

Apr 7, 2014

BENCH BLOG: Disappointing majority opinion lacks guidance

In an overly long opinion, the Wisconsin Supreme Court decided a child abuse case involving a presentence plea withdrawal without an appropriate illumination of the law.

Mar 13, 2014

BENCH BLOG: Appeals court clarifies penalty enhancers

Grabbing the bull by the horns, the Court of Appeals clarified a recurring issue in those misdemeanor sentencings that involve a penalty enhancer.

Mar 6, 2014

BENCH BLOG: Thoughtful decision could have statewide effect

A new state statute trumps local governments’ residency rules in a case decided in Milwaukee County Circuit Court.

Feb 25, 2014

BENCH BLOG: State justices get to heart of the matter

In a child sexual assault case that divided the Court of Appeals, the state Supreme Court properly kept the focus on the elements of the crime and a jury’s function.

Feb 10, 2014

BENCH BLOG: A frustrating decision from the Court of Appeals (UPDATE)

In a decision that touches all three branches of government, the court of appeals decided that in actions for civil forfeiture pretrial discovery may be conducted.

Jan 20, 2014

BENCH BLOG: Justices unanimous in asbestos decision

There has been a recent spate of appellate cases interpreting insurance policies, including Schinner v. Gundrum and Barrows v. Renfrow. In the newest, Phillips v. Parmelee, all three levels of courts agreed on the interpretation of an asbestos exclusion.

Jan 3, 2014

BENCH BLOG: Appeals decision should obviate further litigation

In December the Court of Appeals decided a novel insurance exclusion case involving a grade-school boy’s gun death.

Dec 27, 2013

BENCH BLOG: Wis. justices got pivotal decision wrong

In declining to note its own precedent, the Wisconsin Supreme Court has allowed the governor and state officials to violate a declaratory judgment during the appellate process.

Nov 26, 2013

BENCH BLOG: Decision a handy reference for plea breach cases

A well-presented Court of Appeals case affirmed that when the defendant breaches a plea agreement prior to sentencing, the state may change its side of the agreement.

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