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News about the courts. Mostly appellate. Sometimes not. Mostly Wisconsin. Sometimes not.
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Pewaukee can't charge transportation user fees: Appeals court
The Village of Pewaukee's transportation user fee is an "impermissible tax" and not a fee as the village contended, the state Court of...
Mar 14, 2024


Summary: Challenging Covid-era trial delays
Even shorter than the case "briefs" I've been posting, these summaries - lifted straight from appeals documents - allow me to cover even...
Mar 13, 2024


In brief: Waukesha judge erred in excluding other-acts testimony, state argues
"In brief" posts are shorter looks at interesting appellate filings. There are simply too many worthy cases to cover in full and these...
Mar 13, 2024
News take: Appellate court rules in favor of pollutants
Two of the state's most conservative appellate judges, Shelley Grogan and Maria Lazar. sitting on the most state's conservative...
Mar 8, 2024


Appeals court win for open records: Glendale must turn over licensee information
The mere possibility of identity theft is "insufficient to overcome the strong public interest in disclosure" of information about a...
Mar 6, 2024


Appeal in brief: State Claims Board wrongly denied compensation to wrongly convicted man
"In brief" posts are shorter looks at interesting appellate filings. There are simply too many worthy cases to cover in full and these...
Mar 4, 2024


Appeals court: Marsy's Law does not override juvenile restitution limits
A law limiting how much restitution a a judge can order a juvenile delinquent to pay is valid despite a Marsy's Law provision that gives...
Feb 9, 2024


State Court of Appeals declines to take another bite out of Fourth Amendment
The State Court of Appeals this week rejected a request that the court recognize the so-called canine "instinct exception" to the U.S....
Jan 25, 2024


Appeals court: Man deserves plea-withdrawal hearing based on girl's alleged recantation, false accusations
A man convicted of sexually assaulting a young girl is entitled to a hearing on his related to his claims of new evidence indicating the...
Jan 18, 2024
Appeals court asked to block death penalty experiment on condemned man
The need to find a new death-penalty method is behind the effort in Alabama. Lawyers for condemned inmate Kenneth Smith are asking the...
Jan 18, 2024


Appeal in brief: Judge denies new trial despite new DNA testing showing non-involvement in sexual assault
"In brief" posts are shorter looks at interesting appellate filings. There are simply too many worthy cases to cover in full. These "in...
Jan 3, 2024
Yeah, Trump keeps trying
All the clause says in so many words, then, is that “the party convicted” in the Senate can still face criminal prosecution. But Mr....
Jan 2, 2024


Appeals court OKs release of records identifying people who can't vote due to incompetency
Court records identifying people found illegible to vote due to mental incompetency are public records and should be released to the...
Dec 27, 2023
Appeal in brief: Is it OK for a judge to suggest to a prosecutor that he try a different charge?
"In brief" posts are shorter looks at interesting appellate filings. There are simply too many worthy cases to cover in full. These "in...
Dec 23, 2023
SCOTUS walking into a political mess with Trump immunity appeal
From CNN: From beginning to end, the Supreme Court’s handling of the case is bound to be closely scrutinized. Public opinion polls show...
Dec 13, 2023


WMC sees awful, terrible things happening if state's Amazon gig drivers are classified as employees
WMC is one of two parties filing amicus briefs in this case. I will post on Legal Action of Wisconsin's brief soon. The educational...
Dec 11, 2023
Kohler golf course loses big round as appeals court upholds permit denial
From the Wisconsin Law Journal story: In the latest court of appeals ruling, the court cited Wisconsin wetland permit statutes that...
Dec 6, 2023


Detective's lies in one homicide case should be evidence in another, appeal says
The revelation that a Milwaukee police detective used a false confession to win a homicide case should be grounds for a new trial for a...
Dec 5, 2023


Miranda warning unneeded before jailer listened to distressed inmate incriminate himself, state says
A jailer concerned about the mental health of a jail inmate did not violate the man's rights by listening as he incriminated himself in...
Nov 29, 2023
Statewide elections often result in racially biased outcomes. 11th Circuit says that's OK
Rick Hasen sums it up at the Election Law blog.
Nov 26, 2023
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