Wisconsin Case Commentaries

Wisconsin Supreme Court Establishes Totality-of-the-Circumstances Test for Termination of Parental Rights Under § 48.415(6)

Date: May 18, 2011

Wisconsin Supreme Court Establishes Totality-of-the-Circumstances Test for Termination of Parental Rights Under § 48.415(6) Introduction The case of In Re the Termination of Parental Rights to...

State v. Harbor: Clarifying the "New Factor" Standard in Sentence Modification

Date: May 11, 2011

State v. Harbor: Clarifying the "New Factor" Standard in Sentence Modification Introduction State v. Shantell T. Harbor, 333 Wis. 2d 53 (2011), is a pivotal case decided by the Supreme Court of...

Admissibility of Other-Acts Evidence in Child Sexual Assault Cases Under Wis. Stat. § 904.04(2)(a)

Date: Feb 24, 2011

Admissibility of Other-Acts Evidence in Child Sexual Assault Cases Under Wis. Stat. § 904.04(2)(a) Introduction In the landmark case State of Wisconsin v. Miguel E. Marinez, Jr., the Supreme Court of...

Integration Clauses Solely Bind Contractual Relationships: New Precedent in Town Bank v. City Real Estate

Date: Dec 15, 2010

Integration Clauses Solely Bind Contractual Relationships: New Precedent in Town Bank v. City Real Estate Introduction The landmark case of Town Bank, a Wisconsin Banking Corporation,...

327 Wis. 2d 572: Reinforcing Transparency Through Public Records Accessibility of Government Employees' Emails

Date: Jul 17, 2010

327 Wis. 2d 572: Reinforcing Transparency Through Public Records Accessibility of Government Employees' Emails Introduction The case of Karen Schill, Traci Pronga, Kimberly Martin, Robert Dresser,...

Affirming Warrantless Home Entry Based on Probable Cause and Exigent Circumstances: State v. Terion Lamar Robinson

Date: Jul 16, 2010

Affirming Warrantless Home Entry Based on Probable Cause and Exigent Circumstances: State v. Terion Lamar Robinson Introduction State of Wisconsin v. Terion Lamar Robinson is a landmark decision by...

Affirming Consent in the Shadow of Unlawful Entry: Wisconsin Supreme Court's Approach to the Attenuation Doctrine

Date: Jul 16, 2010

Affirming Consent in the Shadow of Unlawful Entry: Wisconsin Supreme Court's Approach to the Attenuation Doctrine Introduction In the landmark case State of Wisconsin v. Robert Lee Artic, Sr.,...

Affirmation of Good Faith Exception in Wisconsin Supreme Court’s Decision in STATE v. DEARBORN

Date: Jul 16, 2010

Affirmation of Good Faith Exception in Wisconsin Supreme Court’s Decision in STATE v. DEARBORN Introduction The State of Wisconsin v. David A. Dearborn, decided on July 15, 2010, by the Supreme Court...

Wisconsin Supreme Court Reaffirms Clear and Convincing Evidence Standard for Improper Sentencing Factors

Date: Jul 15, 2010

Wisconsin Supreme Court Reaffirms Clear and Convincing Evidence Standard for Improper Sentencing Factors Introduction In the case of State of Wisconsin v. Landray M. Harris (326 Wis. 2d 685), the...

Establishing the 'Interest of Justice' Framework for Relief from Default Judgments under Wis. Stat. § 806.07(1)(h)

Date: Jul 14, 2010

Establishing the 'Interest of Justice' Framework for Relief from Default Judgments under Wis. Stat. § 806.07(1)(h) Introduction The Supreme Court of Wisconsin, in the case of Miller v. Hanover...

STATE v. IMANI: Upholding Mandatory Colloquy Requirements for Valid Waiver of Counsel in Self-Representation

Date: Jul 8, 2010

STATE v. IMANI: Upholding Mandatory Colloquy Requirements for Valid Waiver of Counsel in Self-Representation Introduction State of Wisconsin v. Rashaad A. Imani is a landmark decision by the Supreme...

Ambiguity in Lease Liability: Tenant Not Automatically Liable for Non-Negligent Acts

Date: Jul 8, 2010

Ambiguity in Lease Liability: Tenant Not Automatically Liable for Non-Negligent Acts Introduction Maryland Arms Limited Partnership v. Cari M. Connell and Linda J. Connell is a notable case...

State v. Carter: Upholding Rape Shield Protections in Ineffective Assistance Claims

Date: May 26, 2010

State v. Carter: Upholding Rape Shield Protections in Ineffective Assistance Claims Introduction In State v. Carter, the Supreme Court of Wisconsin addressed a crucial issue concerning the...

Affirming Strict Liability for Statutory Dog Keepers: Pawlowski v. American Family Mutual Insurance Co.

Date: Dec 30, 2009

Affirming Strict Liability for Statutory Dog Keepers: Pawlowski v. American Family Mutual Insurance Co. Introduction The case of Colleen Pawlowski and Thomas Pawlowski v. American Family Mutual...

STATE v. PAYANO: Upholding the Use of 'Other Acts' Evidence to Rebut Self-Defense Claims in Wisconsin

Date: Jul 22, 2009

STATE v. PAYANO: Upholding the Use of 'Other Acts' Evidence to Rebut Self-Defense Claims in Wisconsin Introduction The Supreme Court of Wisconsin, in State of Wisconsin v. Tony Payano (2009),...

Wisconsin Supreme Court Limits Bystander Emotional Distress Claims in Medical Malpractice Cases

Date: Jul 11, 2009

Wisconsin Supreme Court Limits Bystander Emotional Distress Claims in Medical Malpractice Cases Introduction The case of Gregory Phelps et al. v. Physicians Insurance Co. of Wisconsin, Inc. (319 Wis....

State v. Lange: Upholding Probable Cause in DUI Arrests Based on Totality of Circumstances

Date: Jun 17, 2009

State v. Lange: Upholding Probable Cause in DUI Arrests Based on Totality of Circumstances Introduction In State of Wisconsin v. Mitchell A. Lange, 317 Wis. 2d 383 (2009), the Supreme Court of...

Ensuring Substantive Plea Colloquies: STATE of Wisconsin v. Christopher S. Hoppe

Date: May 30, 2009

Ensuring Substantive Plea Colloquies: STATE of Wisconsin v. Christopher S. Hoppe Introduction In State of Wisconsin v. Christopher S. Hoppe, the Supreme Court of Wisconsin addressed critical issues...

Operating Left of Center as Probable Cause for Traffic Stops: Analysis of State v. Popke

Date: May 28, 2009

Operating Left of Center as Probable Cause for Traffic Stops: Analysis of State v. Popke 1. Introduction State of Wisconsin v. Michael L. Popke, decided by the Supreme Court of Wisconsin on May 27,...

Wisconsin Court Clarifies Joint and Several Liability and Upholds Settlement Cost Provisions in Industrial Risk v. Denzin Engineering

Date: Apr 15, 2009

Wisconsin Court Clarifies Joint and Several Liability and Upholds Settlement Cost Provisions in Industrial Risk v. Denzin Engineering Introduction The case of Industrial Risk Insurers and Quad...

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