Perhaps Professor O’Hear can straighten me out on this. The decision of a divided Court of Appeals setting aside the sentence of Landray Harris has gotten a fair amount of play in the blogs and on talk radio. Put briefly, the court vacated the sentence because the sentencing judge, apparently frustrated by the defendant’s failure [...]

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I was extremely lucky to represent Marquette Law School this past Saturday night at the Wisconsin Equal Justice Fund’s Howard B. Eisenberg Lifetime Achievement Award Dinner, and the highlight of the event for me was not only my opportunity to meet and take a picture with Justice Louis Butler, but also to hear him present [...]

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As you probably already know, yesterday the Wisconsin Supreme Court heard the petition of the Wisconsin Judicial Council to amend Wisconsin Statue section 809.23(3), to permit citation of unpublished Wisconsin Court of Appeals opinions as persuasive authority. Beth Hanan, managing member of Gass Weber Mullins and Vice Chair of the Wisconsin Judicial Council, kindly offered the [...]

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If you are a member of the Wisconsin State Bar, beginning in November you will have free access to Fastcase.  Fastcase is a searchable online database of federal and state law.  The product overview at the Fastcase website makes the service look user-friendly.   Its coverage is fairly deep too, including state cases back to 1950 [...]

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Yesterday’s On the Issues with Mike Gousha featured a conversation with Marquette Law School graduate and Milwaukee County Circuit Court Judge Maxine Aldridge White. Judge White’s journey from growing up in the Mississippi Delta as the daughter of a sharecropper to her current position on the bench is a compelling and inspiring one. Judge White [...]

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In a fascinating case decided this week, the Wisconsin Court of Appeals affirmed the suppression of a video recording apparently showing a husband having sexual intercourse with his wife, a stroke victim who was unconscious and lived in a nursing home.  See State v. Johnson (Appeal No. 2007AP1485-CR, 9/11/2008).  The husband was charged with second [...]

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This fall the Wisconsin Supreme Court will revisit the issue of whether to permit citation of unpublished Wisconsin Court of Appeals opinions. The issue is scheduled for hearing on October 14, 2008. The current rule forbids citation of unpublished opinions “as precedent or authority, except to support a claim of claim preclusion, issue preclusion, or [...]

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