“Behold the beautiful city of Madison, welcoming a body of women who come to deliberate on great questions.” Lucy Stone, Woman’;s Journal, October 25, 1879 The Woman’s Journal, the women’s rights weekly paper founded by prominent suffragist Lucy Stone and her husband, Henry Blackwell, devoted significant space in three consecutive issues to cover the OctoberContinue reading → The post “Behold the beautiful city of Madison, welcoming a body of women who come to deliberate on great questions.” appeared first on Lavinia Goodell.…
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Village of Lomira v. Phillip N. Benninghoff, 2020AP31, District 4, 10/15/20 (one-judge decision; ineligible for publication); case activity (including briefs) Benninghoff tries to raise a bevy of challenges to the implied consent law and to the revocation of his driving privileges for refusing a blood draw. His challenges are forfeited because he failed to file a timely request for a refusal hearing and, in any event, the arguments aren’t suitably developed or are foreclosed by State v. Levanduski, 2020 WI App 53. Benninghoff didn’t request a refusal hearing within 10 days as required by § 343.305(9)(a)4. and (10)(a)…
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I actually like to read the Wisconsin statutes from time to time. Take, for example, Wis. Stat. section 802.12, describes and governs alternative dispute resolution for civil actions. My practice is family law, and so the provisions regarding mediation and arbitration have been the most meaningful statutes for my area. However, another alternative is early neutral evaluation (ENE). Here is the statutory definition: 802.12(1) (c) “Early neutral evaluation” means a dispute resolution process in which a neutral 3rd person evaluates brief written and oral presentations early in the litigation and provides an initial appraisal of the merits of the case…
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By Attorney Cameron Weitzner Whenever you have been arrested or charged with a crime, you have the right to a qualified attorney who can provide the best possible defense to ensure your fair treatment under the law. In a best-case scenario, your criminal defense attorney may be able to have your charges dismissed, or they may present a case that results in a verdict of not guilty. However, when this is not possible, your next best option may be for your attorney to negotiate a plea bargain. What Is a Plea Bargain? In a plea bargain, you, the defendant, accept…
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Racine County DHS v. W.L.J., 2020AP197-198, October 14, 2020, District 2 (1-judge opinion, ineligible for publication); case activity Good news for defense lawyers in TPR cases. The court of appeals means business. This is the third time in less than a year that it has reversed a termination of parental rights order due to a circuit court error on the question of whether a parent “abandoned” his or her child. One ground for terminating a person’s parental rights is that he abandoned his child. However, the law allows the parent to defend himself by proving that he had “good…
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According to this fact sheet on disparities in youth justice, Wisconsin has made significant efforts to reduce youth arrest and incarceration rates. Sounds good until you drill down to see that in Wisconsin the disparities between Black and white youths in the justice system is greater than in every other state of the country except New Jersey. The report attributes our dubious distinction to: (1) racial bias in the court system, (2) police policies that penalize Black youths for crimes that are just as likely to occur among white youths, and (3) automatic adult court transfers for crimes that disproportionately…
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State v. Michael J. Pierquet, 2009AP2099-Cr, 10/14/20, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) A jury convicted Pierquet of operating a motor vehicle with a Prohibited Alcohol Content. He argued that the circuit court erred in admitting the results of his blood test and in giving them prima facie effect because the State failed to prove that the analyst who performed the test possessed a valid permit for alcohol testing. The court of appeals disagreed because an employee of the State Lab of Hygiene testified that all of the analysts at the Lab hold a…
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Tags , Dedoimedo has an excellent commentary of the state of the Linux desktop. He notes that usability has plateaued in many ways. I agree. The basic functionality and speed I had with Xubuntu 14.04 (Trusty Tahr) was stellar. Now running Xubuntu 20.04 (Focal Fossa) on both newer and faster desktop and laptop computers, I have had problems with graphics cards, samba networking is a bust that I work around, and connecting my iPhone for file transfers is hit or miss. Yes, the world is not standing still. Linux systems like Xubuntu are actually undergoing massive changes through …
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Interested in advocating for racial justice for youth? Want to challenge indiscriminate shackling? Wondering how to serve dual status youth? Want to figure out ways that defense attorneys and prosecutors may work together on behalf of our youth? The National Juvenile Defender Center (NJDC) is there as a resource. About the National Juvenile Defender Center The National Juvenile Defender Center, according to its website, “is a nonprofit organization dedicated to promoting justice for all children by ensuring excellence in juvenile defense. Through community building, training, and policy reform, it provides national leadership on juvenile defense issues with a focus on…
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By Attorney Cameron Weitzner In Wisconsin, thousands of people are arrested on criminal drug charges each year, with marijuana-related arrests being the most common. If you are one of the many who have been arrested, you may be facing serious consequences, but given the complexity of Wisconsin’s drug laws, it can be difficult to determine just how serious those consequences may be. An experienced criminal defense attorney can help you better understand the charges you are facing and present a strong defense to help you avoid a conviction or minimize the penalties you may face. Factors Involved in Wisconsin Drug Charges…
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On October 6, 2020, the State of Wisconsin issued Emergency Order #3 limiting public gatherings. Emergency Order #3 was designed to limit the size of crowds at indoor locations such as restaurants and bars. Emergency Order #3 limited such public gatherings to no more than 25% of the total occupancy limits for the room or building, as established by the local municipality. If the indoor space does not have an occupancy limit, then the limit was no more than 10 people. The Tavern League of Wisconsin challenged the State of Wisconsin’s order on the grounds that it failed to go…
I. Expansion of Telehealth to Meet Clinical Need Federal and state governments have resolved traditional barriers to telehealth – including  complexity of billing, lower reimbursement and privacy and security concerns – to facilitate the safe provision of medical services during the COVID-19 pandemic.[i]  The first article in this two-part series highlights basic standards for regulatory compliance in the design of telehealth policies.  The second article will address the practitioner’s obligation to minimize patient harm (and thus practitioner liability) with attention to the medical standard of care when assessing when and how telehealth is appropriate for each patient. II. Mechanics…
Late last week, the Department of Treasury and Small Business Administration (SBA) jointly released a new loan forgiveness application for Paycheck Protection Program loans of $50,000 or less. This new streamlined application removes calculations required on prior forms and simplifies documentation requirements, reliving both borrowers and lenders of the prior compliance burdens present in the older form. Pursuant to an interim final rule, the simper one-page application form, SBA Form 3508S, does not require borrowers to reduce their forgiveness amount for any reductions in full-time equivalent (FTE) employees or in salaries or wages. Additionally, the new form does not…
Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. On the Search for Extraterrestrial Intelligence (SETI) by Richard Bilder, University of Wisconsin Law School A New Federalism for Indian Tribes: The Relationship Between the United States and Tribes in Light of our Federalism and Republican Democracy by Richard Monette, University of Wisconsin Law School Between the Facts and Norms of Police Violence: Using Discourse Models to Improve Deliberations Around Law Enforcement by Franciska Coleman, University of Wisconsin Law School Separate is Inherently Unequal, Unless …
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State v. C.A.A., 2020AP1194, District 1, 10/13/20 (one-judge decision; ineligible for publication); case activity At the trial on the petition to terminate C.A.A.’s parental rights, the case manager handling the CHIPS case pertaining to C.A.A.’s child testified that, in her opinion, C.A.A. would not likely satisfy the conditions of return under the CHIPS order within the 9-month period prescribed by § 48.415(2)(a)3. (2015-16) (a requirement eliminated by 2017 Wis. Act 256). (¶6 & ¶9 n.3). The court of appeals holds this was admissible lay opinion testimony. Under § 907.01, opinion testimony from a lay witness…