State v. Nicholas J. Nero, 2023AP543, District III, 6/10/25 (one-judge decision; ineligible for publication); case activity
The COA found that law enforcement had probable cause that Nicholas Nero was driving under the influence, independent from his compelled statement to his probation officer and un-Mirandized statement to a deputy sheriff, and therefore affirmed the circuit court’s order denying his motion to suppress the results of his blood draw. The COA also found that Nero’s claims for ineffective assistance
Continue Reading COA: Sufficient evidence to request blood draw independent from defendant’s compelled statements; defendant’s IAC claims were conclusory and undeveloped.
Weekly Hospital Real Estate Briefing: NC Passes Health Care Reform Bill | Sutter Health’s Real Estate Strategy | New Children’s Hospital Projects
By Hall Render
Defense Win: COA holds that circuit court wrongly limited defendant’s testimony; holds error is not harmless
State v. Derek J. Jarvi 2023AP2136-CR, 6/12/25, District IV (not recommended for publication); case activity
Despite the State’s efforts to overturn Jarvi’s postconviction win of a new trial, the court of appeals rejects the State’s evidentiary arguments and holds that it failed to prove harmless error in this case.
Jarvi was convicted of second-degree sexual assault of a person under the influence of an intoxicant contrary to § 940.225(2)(cm) following a jury trial. (¶1). The issue presented…
Continue Reading Defense Win: COA holds that circuit court wrongly limited defendant’s testimony; holds error is not harmless
Honoring Juneteenth: A Call to Secure Your Legacy in Libertyville, Illinois
By Lexern
This June 19th, as we observe Juneteenth National Independence Day, we reflect on a pivotal moment in American history – the day when the last enslaved people in Texas learned of their freedom, more than two years after the Emancipation Proclamation. Juneteenth is a powerful reminder of the enduring struggle for freedom, equality, and the right to self-determination. Illinois estate planning can help you secure your legacy.
For licensed professionals like doctors and dentists, and high-net-worth families in Libertyville,…
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Unconquered Suns and Orders to Show Cause
I like to think I’m up on current events. Prior to today, I was aware that members of the Proud Boys, who were convicted of various offenses stemming from the January 6, 2021 insurrection but later pardoned or had their sentences commuted by the current president, had sued the United States for $100 million. The case is venued in the Middle District of Florida.But prior to today, I was unaware that (a) there was a lawyer named Augustus Sol…
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The Challenges of Confidential Name Changes in Wisconsin
Any adult in Wisconsin can file for a name change at the circuit court in their county of residence. The forms required to file for a name change – CV-450 – can be found for free on the Wisconsin Circuit Court Access (WCCA) website. Name changes in Wisconsin are normally required to be public processes, and petitioners must publish notice of a proposed name change in a newspaper for three weeks before the name change can be granted. When…
Continue Reading The Challenges of Confidential Name Changes in Wisconsin
Rising Above the Sunset: The Big Beautiful Bill’s Proposed Changes to Federal Estate Tax
If your estate is less than $13.99 million dollars in assets, and you pass away, then under the current federal tax laws, the beneficiaries owe no federal estate tax. This limit of $13.99 million is called the “federal estate tax exemption.” The federal estate tax exemption is often called an “exemption,” but it is more accurately identified as the unified credit, which is a tax credit rather than an exemption. When you make gifts, the law calculates a hypothetical…
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Seventh Circuit Cases for April and May
We made the mistake of waiting to consolidate our monthly digest given the slow pace of the court. Turns out there’s a lot to post on! This installment features an interesting decision on child porn possession, multiple alleged Franks violations, some Fourth Amendment wrangling, disturbing prisoner abuse in Wisconsin institutions, and a handful of non-Wisconsin habeas cases!
United States of America v. Michael Clark, No. 24-1403: This is a Wisconsin-originating case involving an alleged Franks violation. The Seventh…
Continue Reading Seventh Circuit Cases for April and May
COA: State has important interest, for purposes of Sell, to forcibly medicate defendant charged with resisting arrest causing soft tissue injury.
State v. T.A.W., 2025AP437-CR, 6/3/25, District I (not recommended for publication); case activity
Although the charges against T.A.W. — resisting an officer causing soft tissue injury and retail theft — are not “serious crimes” under Wis. Stat. § 969.08, which specifies procedures for pretrial release, the COA found that the State met its burden to show an important governmental interest in forcibly medicating T.A.W. to competency under the aggravated circumstances of the case.
T.A.W. (referred to as Thomas)…
Continue Reading COA: State has important interest, for purposes of Sell, to forcibly medicate defendant charged with resisting arrest causing soft tissue injury.
On Tolerance and the Practice of Law. And Goats.
I was talking to an experienced farmer a few years ago about my little farm. I had a few goats, hogs, and chickens. I told him, “I hate goats!” In truth, I do not actually hate goats, but I had developed a dislike of those on my farm.
Peter S. Trotter, Illinois 2000, is vice president, general counsel, and secretary of Mason Companies, Inc., in Chippewa Falls. After making this strong statement, I felt the need for further…
Continue Reading On Tolerance and the Practice of Law. And Goats.
Proposed House Bill Freezes Provider Tax Revenue: What It Means for Wisconsin Medicaid
By Zeke Shen
It is well known that Wisconsin’s Medicaid program, like those of all states, plays a ubiquitous role in providing residents access to health care.
Zeke Shen, U.W. 2023, is an attorney with
Hall, Render, Killian, Heath & Lyman, PC in Milwaukee, where he focuses his practice on government reimbursement, general payment practices, operational efficiencies, and regulatory compliance.
Recent data from ForwardHealth places the number of Wisconsinites covered by Medicaid at nearly 1.3 million, amounting to over 20% of…
Continue Reading Proposed House Bill Freezes Provider Tax Revenue: What It Means for Wisconsin Medicaid
Wisconsin Supreme Court: No Burden of Proof at TPR Disposition
By Jay D. Jerde
June 11, 2025 – No specific burden of proof applies when a circuit court decides whether termination of parental rights (TPR) is in the best interest of the child, the Wisconsin Supreme Court decided recently in
State v. H.C., 2025 WI 20. In unanimously affirming the TPR against H.C., the majority opinion written by Justice Rebecca Grassl Bradley explained, “we hold the best interests of the child governing the dispositional phase of a TPR proceeding constitutes a discretionary…
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COA: Defendant not prejudiced at trial for OWI by ‘numbers-only’ jury selection process
State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial. Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which trial counsel did not object, Bergner was not prejudiced.
Bergner was charged with one count of operating a motor vehicle while under the…
Continue Reading COA: Defendant not prejudiced at trial for OWI by ‘numbers-only’ jury selection process
Defense Win: COA finds exception to potential jurisdictional defect and reverses order denying early releasing following SAP completion
State v. Benny Burgos, 2024AP1497-CR, 6/3/25, District I (not recommended for publication); case activity
In an interesting appeal presenting questions of statutory construction and appellate jurisdiction, COA uses principles of equity to reach the merits and reverses in Burgos’s favor.
Burgos was made eligible for SAP at his original sentencing in 2016. (¶2). He enrolled in the program, completed it, and obtained early release from prison. (¶3). His extended supervision was then revoked and,…
Continue Reading Defense Win: COA finds exception to potential jurisdictional defect and reverses order denying early releasing following SAP completion
Catholic Charities: Religious exemption found
On June 5th, the US Supreme Court issued a unanimous opinion that reversed the Wisconsin Supreme Court to find that the state court had violated the establishment clause of the First Amendment by explicitly imposing “a denominational preference by differentiating between religions based on theological lines.” By distinguishing between religious bodies that engage in proselytizing with their charitable activities and the Catholic Church that does not engage in proselytizing with its charitable activities, an illegal distinction had been made…
Continue Reading Catholic Charities: Religious exemption found
Weekly Hospital Real Estate Briefing
By Hall Render