A March 1 opinion from the Wisconsin Court of Appeals provides guidance on objecting to testimony pursuant to the marital privilege, sec. 905.05.
Read More »Tag Archives: Wisconsin Court of Appeals
THE DARK SIDE: Faulkner knows how to write a good bailment story
It’s a pity I’m not as great a writer as William Faulkner.
Read More »State seat belt suits not preempted
Federal law doesn’t preempt state tort suits alleging seatbelts were negligently designed.
Read More »Love of law keeps Dykman involved
Some lawyers read Palsgraf v. Long Island Railroad Co. (N.Y.1928) in Torts on the first day of law school, but don’t give it much thought for the rest of their careers. Then, there’s Judge Charles P. Dykman.
Read More »Leaders in the Law 2011: Celebrating our legal professionals
More than 350 judges, lawyers, family and friends attended the Wisconsin Law Journal’s ninth annual Leaders in the Law Event in Milwaukee Wednesday. The evening event, held at the Hilton Milwaukee City Center, recognized 27 attorneys and judges for their contributions to the legal profession. Four leaders – Bruce C. Davidson, Hon. Charles P. Dykman, Robert L. Habush and Joseph ...
Read More »Asset purchase didn’t include liability
An asset purchase limited to one division of the seller doesn't include liabilities stemming from products made before the division became an entity separate from the rests of the seller's business.
Read More »Attorneys question sanctions
The Wisconsin Court of Appeals is cracking down on attorneys who improperly certify the completeness of their brief appendices, and legal professionals want to know why.
Read More »Lack of personal service dooms suit
No "special circumstances" justify excusing a plaintiff suing a county from personally serving the board chairperson or county clerk.
Read More »Admission of letter was harmless error
The Wisconsin Court of Appeals on Dec. 29 affirmed the conviction of Mark D. Jensen for murdering his wife Julie in 1998, even though it assumed that admission of a letter written by Julie before her death violated the Confrontation Clause.
Read More »Zoning appeal must name board
An appeal of a zoning decision must name the zoning board as the defendant, not the municipality.
Read More »No right to cross-examine IME
The right to "rebut" a report does not include the right to cross-examine its author.
Read More »Officers did not constructively enter home
The Wisconsin Court of Appeals on Nov. 24 recognized that police could violate the Fourth Amendment by "constructive entry" of a home -- being so intrusive that a reasonable person would not feel free to deny entry.
Read More »Lifetime Achievement Award Winner
No computer can or ever will replicate the mind of Linda O’Dell when it comes to storing information and processing case-related information.
Read More »Probation can’t be reduced
Successful rehabilitation is not a permissible basis for reducing the length of probation. The Wisconsin Court of Appeals on Oct. 21 would not go so far as holding that a sentencing court never has inherent authority to reduce the length of probation. But it concluded, “courts have no inherent authority to reduce probation based on a finding of successful rehabilitation.” ...
Read More »Court: Bat guano is not ‘pollution’
Bat guano is not a pollutant, as that term is used in a homeowner's insurance policy's pollution exclusion.
Read More »Admissions in treatment can’t be used after revocation
When a court sentences a defendant after revocation of probation, it can't consider other crimes he was compelled to admit to his agent as a condition of probation.
Read More »No harm, no foul under FDCPA
A Mayville law firm was properly granted summary judgment on a debtor's claim that it violated the Fair Debt Collection Practices Act (FDCPA), even if it did so, because the debtor suffered no damages.
Read More »Case back to square one after illegal plea
The remedy for an illegal plea agreement is to vacate the plea and sentence and reinstate the original charges.
Read More »Unrecorded juvenile statement barred
Unrecorded statements made by a juvenile to a police officer in the squad car are inadmissible.
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