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Wisconsin Court of Appeals

Dec 6, 2010

No right to cross-examine IME

The right to "rebut" a report does not include the right to cross-examine its author.

Dec 1, 2010

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.

Nov 12, 2010

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.

Oct 26, 2010

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 […]

Oct 26, 2010

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.

Oct 25, 2010

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.

Oct 18, 2010

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.

Oct 7, 2010

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.

Aug 31, 2010

Unrecorded juvenile statement barred

Unrecorded statements made by a juvenile to a police officer in the squad car are inadmissible.

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