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Jan. 9, 2025 – A required psychological report filed less than 48 hours before a final hearing for involuntary commitment stripped the circuit court of competency because it deprived the person to be committed of due process, the Wisconsin Court of Appeals recently decided in Outagamie County v. M.J.B., 2024 AP 250. Circuit courts have subject matter jurisdiction under the Wisconsin Constitution, but a circuit court may not be competent to hear a case if it fails to…
Continue Reading Appeals Court: Circuit Court Lost Competency in Final Hearing for Involuntary Commitment After Required Report Arrived Late

Dec. 30, 2024 – Attorney General Josh Kaul violated two provisions of controversial 2017 Act 369, the Wisconsin Court of Appeals, District II decided 2-1 in another case implicating separation of powers between the legislative and executive branches.

The Legislature passed and outgoing Gov. Scott Walker signed Act 369 shortly after the November 2018 election changed the balance of power in Madison, requiring the attorney general to “deposit all settlement funds into the general fund.” Prior to that, the…
Continue Reading Appeals Court: Attorney General Must Comply with Legislative Limits on Wisconsin Department of Justice (DOJ) Settlements

Can You Be Charged with Conspiracy Without Committing a Crime?
 Posted on December 30, 2024 in White Collar Crimes
The crime of conspiracy is unusual given the fact that, even if you do not technically commit another crime, you can be charged with conspiracy to commit a crime if you start planning the crime and meet other elements of the criminal offense. That is because the crime of conspiracy is its own separate crime – for example, you could…
Continue Reading Can You Be Charged with Conspiracy Without Committing a Crime? 

Are Accusations of Domestic Battery Public?
 Posted on December 16, 2024 in Criminal Defense
If you have been accused of domestic battery, you may be concerned not only about the serious criminal penalties you may face, but also about the potential implications for your life and career if the accusations become public. The potential personal, reputational, and financial consequences of a domestic battery charge becoming public information are significant, especially if the accusations are false. That is why it…
Continue Reading Are Accusations of Domestic Battery Public? 

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Dec. 13, 2024 – A restitution award was appropriate even though more than half the defendant’s income came from Social Security Disability Income (SSDI), the Wisconsin Court of Appeals District II recently ruled in
State v. Joling, 2023AP1023-CR (Dec. 11, 2024). Under 42 U.S.C. section 407(a), money paid from Social Security shall not be “subject to execution, levy, attachment, garnishment, or other legal process.” Eric J. Joling pleaded no contest to one count of OWI (fifth offense)…
Continue Reading Appeals Court: Social Security Income Did Not Preclude Restitution Award

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Dec. 3, 2024 – Legislation that required Joint Finance Committee (JFC) approval on settlements in cases prosecuted by the Wisconsin Department of Justice (DOJ) did not violate the constitutional separation of powers between legislative and executive branches, a majority of the Wisconsin Court of Appeals, District II has concluded.

In Kaul v. Wisconsin State Legislature, 2022 AP 790 (Dec. 2, 2024), the three-judge panel reversed (2-1) the Dane County Circuit Court’s summary judgment orders, concluding the lower court…
Continue Reading Appeals Court Upholds Law Giving Legislature Power to Approve DOJ Settlements

Posted on November 26,2024 in Criminal Defense
In Wisconsin, if you have been convicted of the crime of vehicular homicide, your liability may not end with the conviction. You may also face a separate civil lawsuit related to the conduct that led to the vehicular homicide conviction. This civil “personal injury” lawsuit may be brought to recover damages if you were convicted for the crime. A Wisconsin personal injury defense attorney can represent you if you…
Continue Reading The Impact of Vehicular Homicide Convictions on Civil Liability

 
 Posted on November 18, 2024 in Criminal Defense
The idea that a criminal defendant is “innocent until proven guilty” has been drilled into the American public for decades. The phrase appears in virtually any movie or TV show about the criminal justice system. However, this phrase is more than just a platitude or lip service to the rights of the accused. It has actual legal weight and is vitally important for the outcome of a criminal trial.
Continue Reading Burden of Proof: The Meaning of Innocent Until Proven Guilty

Common White Collar Crimes and What to Do If You Are Being Investigated
 Posted on October 31,2024 in White Collar Crimes
White collar crimes are nonviolent crimes that usually involve financial losses and fraud. The term “white collar” refers to the white collars of button-down business shirts because these types of crimes are often perpetrated in a commercial or business context. White collar crimes are sometimes high-profile cases involving known business and political figures deceiving or concealing information for…
Continue Reading Common White Collar Crimes and What to Do If You Are Being Investigated

Can You Sue a Police Officer for Using Excessive Force?
 Posted on October 08,2024 in Civil Rights
Most people know that when you get injured in a car accident that is caused by someone else’s negligence, you can pursue compensation from the responsible person or an insurance company. Likewise, if someone breaks into your house, kills your spouse, and steals your property, you can pursue a claim against that person in civil court for the losses you experience.

But…
Continue Reading Can You Sue a Police Officer for Using Excessive Force? 

The 2018 Farm Bill made a significant change to the definition of “marijuana” by introducing a THC threshold. Specifically, it now requires a concentration of at least 0.3% Delta-9 THC on a dry weight basis for something to be considered marijuana. In simpler terms, if a plant—or any product derived from it—contains 0.3% Delta-9 THC or less, it’s not classified as marijuana and therefore, not illegal to possess.
What Does “Dry Weight Basis” Mean?
“Dry weight basis” might sound…
Continue Reading Understanding the 0.3% THC Threshold

Open handcuffs on a black background

Posted on September 16,2024 in Criminal Defense
If you have been convicted of a crime in Milwaukee, you may wonder if there is a way to challenge the court’s decision. The appeals process allows you to ask a higher court to review the case for legal errors that may have affected the outcome. It is important to know that an appeal is not a new trial. Instead, it focuses on whether mistakes were made during the original trial that…
Continue Reading Is it Possible to Overturn a Wrongful Conviction in Wisconsin?

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Sept. 10, 2024 – A party seeking health insurance coverage for autism-related medical treatment has lost an appeal at the Seventh Circuit Court of Appeals, in Midthun-Hensen v. Group Health Cooperative of South Central Wisconsin, No. 23-2100 (Aug. 5, 2024). Beginning in 2017, Angela Midthun-Hensen and Tony Hensen asked their insurer, Group Health Cooperative of South Central Wisconsin, Inc., (Group Health) to cover speech therapy and sensory integration therapy for their autistic son. Group Health decided that neither therapy…
Continue Reading Seventh Circuit Upholds Decision Denying Coverage for Autism-related Treatment

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Sept. 9, 2024 – A county zoning ordinance requiring cellphone towers to be at least one-half mile apart is preempted by state law, the Wisconsin Court of Appeals (District IV) has ruled in
Savich v. Columbia County Board of Adjustment, 2023AP78 (July 18, 2024). In August 2020, Tillman Infrastructure, LLC (Tillman) and AT&T Mobility (AT&T) applied to the Columbia County Planning and Zoning Department for a permit to build a cellphone tower at a specific site on farmland…
Continue Reading Cellphone Tower Separation Ordinance Preempted by State Law

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Sept. 6, 2024 – A plaintiff’s failure to honestly and meaningfully address a question of appellate jurisdiction under
28 U.S.C. section 2107 rendered his appeal frivolous, the U.S. Court of Appeals for the Seventh Circuit has ruled in
Upchurch v. O’Brien, 22-2541 (Aug. 6, 2024). As a result, the Seventh Circuit held, sanctions under
Federal Rule of Civil Procedure (FRCP) 38 were appropriate. The Great Outdoors Timothy O’Brien and his wife Margaret owned a resort on Catfish…
Continue Reading Failure to Address Jurisdictional Issue Rendered Appeal Frivolous

Development of forest fire. Flame is starting trunk damage.

Posted on September 04,2024 in Criminal Defense
Wildfire season in Wisconsin is drawing to a close. The season started off with more fires than usual after a particularly warm winter and, as of today, nearly 900 wildfires have burned throughout the state.

Some fires are inevitable and can even be used to manage growth in a way that helps mitigate more serious wildfires in the future. But when fires are caused by humans – whether intentionally or not –…
Continue Reading Will I Go to Jail for Accidentally Starting a Wildfire?