Jan. 14, 2022 – T​he state Department of Public Instruction (DPI) impermissibly inquired into religious doctrine in determining that two private schools in Washington County were affiliated with the Roman Catholic Church, the U.S. Court of Appeals for the Seventh Circuit has ruled.In

St. Augustine School v. Underly, 2021 WL 5998534 (Dec. 20, 2021), a three-judge panel held that by relying on a profession of Catholic affiliation on one of the school’s websites, DPI violated the First Amendment’s…
Continue Reading Reliance on Label ‘Catholic’ to Find Schools’ Attendance Areas Overlapped Was Unconstitutional

Jan. 14, 2022 – A Wisconsin appellate court has ruled that a prosecutor who repeatedly argued that a victim’s testimony was “uncorroborated” violated the constitutional right of a criminal defendant who did not testify during the trial.In

State v. Hoyle, 2020AP187-CR, (Jan. 11, 2022), the Court of Appeals District III held that the multiple mentions of the uncorroborated testimony constituted improper references to the defendant’s decision not to testify and violated his Fifth Amendment right against self-incrimination.‘Someone is…
Continue Reading Mention of ‘Uncorroborated’ Testimony Violated Defendant’s Right Against Self Incrimination

Jan. 14, 2022 – A presumption against granting custody to an abusive parent can only be overcome with proof that the parent has completed treatment for batterers from a certified program or from a certified provider, the Wisconsin Court of Appeals has ruled.In

Valadez v. Valadez, 2020AP1006 (Dec. 29, 2021), the Court of Appeals District II held that a circuit court erred in concluding that an abusive parent had overcome the presumption against granting him custody by completing…
Continue Reading Court Erred by Ruling That Non-Certified Treatment Overcame Custody Presumption

Jan 12, 2022 – A company that repossessed a car from an apartment building garage violated the Wisconsin Consumer Act (WCA), the Wisconsin Supreme C​​​ourt has ruled.

In Duncan v. Asset Recovery Specialists, Inc., 2019AP1365, (Jan. 06, 2022) the supreme court held that for purposes of the WCA’s prohibition against a creditor entering a residential dwelling to repossess collateral or leased goods, the garage was included within the term “dwelling used by the customer as a residence.”
The decision…
Continue Reading Company Violated Consumer Protection Law by Repo’ing Car From Attached Apartment Garage

Jan. 5, 2021 – Two retired Milwaukee police officers who were rehired by the city lost the right to begin receiving retirement benefits at age 57, the Wisconsin Court of Appeals has ruled.
In Miller v. City of Milwaukee, 2020AP1346 (Dec. 28, 2021), the Court of Appeals District I held that because they were rehired as general employees, the two former police officers were entitled to begin receiving retirement benefits at the age of 60.
Re-hired After Retirement…
Continue Reading Re-hiring Changed Minimum Retirement Age for Retired Milwaukee Police Officers

 Dec. 28, 2021 – A state appeals court has ruled that a trace amount of heroin found on a defendant provides a basis for the offense of narcotics possession, because a jury could have reasonably inferred from compelling circumstantial evidence of recent drug use that the defendant knowingly possessed the heroin.In

State v. Chentis, 2020AP1699-CR (Dec 1, 2021), the Court of Appeals District II held that Nakyta. T. Chentis had failed to demonstrate that withdrawing his plea to…
Continue Reading Circumstantial Evidence Means Trace Amount of Heroin Is Sufficient to Sustain Conviction

Dec. 28, 2021 – The decision of an administrative law judge (ALJ) that the Wisconsin Department of Natural Resources (DNR) failed to comply with state law in issuing permits for a frac sand facility was supported by substantial evidence, the Wisconsin Court of Appeals has ruled.  In Meteor Timber, LLC v. Wisconsin Division of Hearings, 2020AP1869 (Dec. 16, 2021), the Court of Appeals District IV upheld the ALJ’s reversal of the DNR’s decision to issue the permits.  Mining…
Continue Reading Appeals Court Upholds ALJ’s Decision Denying Permit for Frac Sand Facility

 Dec. 28, 2021 – The Wisconsin Court of Appeals has certified an appeal over a victims’ rights ballot measure adopted last year to the Wisconsin Supreme Court.In Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, 2020AP2003 (Dec. 21, 2021), a three-judge panel held that certifying the appeal to the supreme court was necessary to clarify the central question raised by the appeal: whether the ballot question submitting the measure to voters was legally insufficient.In its certification, the court…
Continue Reading Court of Appeals Sends Challenge to Victim Rights Measure to Supreme Court