A sheriff did battle with the open records law and lost.

Tagged with: Bench Blog David Borowski David Clarke Jean DiMotto Kitty Brennan

In a hotly contested case about suppressing a dog’s sniff search of a residence, the Wisconsin Supreme Court unanimously decided that the good faith exception to the exclusionary rule applied.

Tagged with: David Borowski exclusionary rule Joan Kessler Kitty Brennan Wisconsin Supreme Court

The Bench Blog’s Santa asked Wisconsin Supreme Court justices and Court of Appeals judges what they want in their appellate Christmas stockings.

Tagged with: Bench Blog Brian Blanchard Gary Sherman Jean DiMotto Kitty Brennan Lisa Stark Mark Gundrum Michael Hoover Patricia Curley Patrick Crooks Paul Reilly Wisconsin Supreme Court

In a recent Court of Appeals’ case, domestic violence clashed with the open records law.

Tagged with: Jean DiMotto Karen Christenson Kitty Brennan Milwaukee County Circuit Court Open Records

Not every judge would feel comfortable writing in an opinion that “the sight of a shackled litigant is apt to make jurors think they’re dealing with a mad dog.”

Tagged with: Beth Hanan Eastern District of Wisconsin Frank Easterbrook Gass Weber Mullins Gimbel Reilly Guerin & Brown Kitty Brennan Michael O'Hear Richard Posner Rudolph Randa Terry Evans Wisconsin Court of Appeals

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

Tagged with: 1st District Court of Appeals homicide Jean DiMotto Kitty Brennan

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.

Tagged with: Ann Walsh Bradley Bench Blog Court of Appeals Jean DiMotto Kitty Brennan Patricia Curley Wisconsin Supreme Court

Evidence that was obtained illegally does not immediately invalidate a search warrant, if the requesting officer believed he or she was acting lawfully at the time, the Wisconsin Court of Appeals ruled Tuesday.

Tagged with: David Borowski Fourth Amendment Joan Kessler Kitty Brennan Search warrants Wisconsin Court of Appeals

In a new court of appeals case, the doctrine of mutual mistake in a home sale contract meets a motion for sanctions based on frivolous claims.

Tagged with: Bench Blog breach of contract Court of Appeals Jean DiMotto Kevin Martens Kitty Brennan

A Milwaukee-based contractor’s insurance companies are not liable for covering damages incurred by those who got sick after breathing in contaminated water that came from a decorative fountain, according to an appellate court decision released Tuesday.

Tagged with: appeals court Kitty Brennan Ross Anderson

Voir dire is subject to judicial control and discretion, so it pays to know your judge.

Tagged with: Bench Blog Jean DiMotto Kitty Brennan Rodney Cubbie Voir dire

When the Wisconsin Supreme Court next year reviews its 2009 rule that allows for citation of unpublished appellate court decisions, there may be minimal evidence to determine the value of the change.

Tagged with: Amelia Bizzaro Beth Hanan citation Court of Appeals Diane Slomowitz Foley & Lardner Gass Weber Mullins Kitty Brennan Supreme Court Wisconsin Judicial Commission

Teri Jendusa Nicolai did not care about the judge’s gender when she sought a restraining order against her ex-husband in 2004.

Tagged with: Dennis Cimpl Kitty Brennan Mary Triggiano Richard Sankovitz

Determining riparian boundaries is a decision for the court, rather than the jury, even if the neighbors sue in tort, rather than seeking declaratory judgment.

Tagged with: Kitty Brennan