Nov. 29, 2022 – When making an affidavit for a search warrant, a police officer satisfies the oath and affirmation requirements of the U.S. and Wisconsin constitutions as long as the wording of the affidavit impresses upon the officer a sense of obligation to tell the truth, the Wisconsin Supreme Court has ruled.In State v. Moeser, 2022 WI 76 (Nov. 23, 2022) a five-justice majority held that the oath and affirmation clause does not require any magic words…
Continue Reading Blood Draw Refusal Case: Supreme Court Upholds Search Warrant Affidavit

Nov. 17, 2022 – An insurance policy exclusion for injuries suffered by fireworks display workers barred claims by two volunteers injured by prematurely exploding fireworks, the U.S. Court of Appeals for the Seventh Circuit has ruled.  In T.H.E. Insurance Company v. Olson, 51 F.4th 264 (7th Cir. 2022), the Seventh Circuit also held that indemnity issue was ripe for adjudication.State Lawsuit over Fireworks MishapIn July 2018, Timothy Olson volunteered to help with the annual fireworks display in the…
Continue Reading Policy Exclusion for Fireworks Applied to Volunteers, Seventh Circuit Rules

Nov. 17, 2022 – A complaint alleging that a company violated the
Employee Retirement Income Security Act of 1974 (ERISA) by authorizing the payment of excessive recordkeeping and investment managed fees failed to state a claim, the U.S. Court of Appeals for the Seventh Circuit has ruled.In
Albert v. Oshkosh Corp., No. 21-2789 (Aug. 29, 2022), the Seventh Circuit Court of Appeals also held that
Divanne v. Northwestern University, 953 F.3d 980 (7th Cir. 2020) remains good law…
Continue Reading Complaint Over Retirement Plan Fees Failed to State Claim, Seventh Circuit Rules

Nov. 17, 2022 – A state court’s denial of a motion to amend the standard jury instruction regarding self-defense did not entitle a defendant to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled.In Brown v. Eplett, No. 21-1515 (Sept. 7, 2022), the Seventh Circuit Court of Appeals held that the failure to amend the standard jury instruction was harmless error.Barbecue Gone BadIn July 2014, George Brown hosted a barbecue at his home…
Continue Reading Castle Doctrine: Seventh Circuit Upholds Denial on Jury Instruction

Nov. 17, 2022 – The U.S. Court of Appeals for the Seventh Circuit has declined to revisit its holding in a 2020 case that resolved a sentencing guideline issue which is the subject of a circuit split.   In U.S. v. Ramirez, No. 21-2587 (Nov. 8, 2022), the Seventh Circuit Court of Appeals held that the defendant failed to meet the three-factor standard for overruling a decision involving an issue on which the circuits are split. Drug, Gun ChargesIn May…
Continue Reading Seventh Circuit Declines to Revisit Drug Sentencing Guidelines Case

Nov. 16, 2022 – Corroboration from multiple witnesses that a chief financial officer was aware of misleading entries in his corporation’s financial statements was sufficient to sustain a guilty verdict, the U.S. Court of Appeals for the Seventh Circuit has ruled.In U.S.. v. Armbruster, No. 21-3370 (Sept. 7, 2022), the Seventh Circuit also reiterated that circumstantial evidence is sufficient to prove the mental state necessary for a fraud conviction.Spate of MergersPeter Armbruster, a certified public accountant, became the controller…
Continue Reading E-mail, Eyewitness Testimony Sufficient to Sustain Securities Fraud Conviction

Nov. 16, 2022 – A man who was jailed for four-and-a-half days after being mistaken for his brother failed to demonstrate that corrections officials violated his due process rights, the U.S. Court of Appeals for the Seventh Circuit has ruled.In Martinez v. Santiago, No. 21-2024 (Oct. 17, 2021), the Seventh Circuit held that the officials had not acted with deliberate indifference to the man’s claims that he had been jailed by mistake.Hides Behind Brother’s IdentityIn 2015, police arrested Hector…
Continue Reading Man Jailed by Mistake Failed to Show Due Process Violation

Nov. 16, 2022 – The 30-day deadline for removing a case to federal court begins to run only once a plaintiff specifies a damages figure, the U.S. Court of Appeals for the Seventh Circuit has ruled.In Rock Hemp Corp. v. Dunn, No. 22-1171 (Oct. 11, 2022), the Seventh Circuit also held that a federal statute that authorizes a federal court to remand a removed case to state court does not authorize such a remand on the ground of waiver.Two…
Continue Reading Countdown to Removal Deadline not Triggered Until Damages Specified

Nov. 10, 2022 – The Wisconsin Supreme Court issued its first decision of the 2022-23 term on Nov. 4, a per curiam ruling in which the court dismissed as improvidently granted the review of a per curiam Wisconsin Court of Appeals decision.That decision, Slamka v. General Heating and Air Conditioning Inc., 2020AP128 (March 11, 2021), involved a Dane County Circuit Court ruling that affirmed the Wisconsin Employment Relations Commission’s (WERC) dismissal of a job seeker’s complaint against General Heating…
Continue Reading Wisconsin Supreme Court Issues Per Curiam Decision on Right-to-Work Case

Nov. 10, 2022 – A man’s conviction for operating while intoxicated (OWI) means that his minor daughter, who was a passenger in the car when he was arrested, was a victim under the state’s criminal restitution statute, the Wisconsin Court of Appeals has ruled.In State v. Gahart, 2021AP1841 (Nov. 2 2021), the Court of Appeals District II ruled that because OWI with a minor passenger under the age of 16 is a crime, the man’s daughter was a victim…
Continue Reading Drunk Driver’s Minor Daughter, a Passenger, was Victim Under Restitution Statute

Nov. 10, 2022 – The Wisconsin Court of Appeals has ruled that a circuit court did not erroneously exercise its discretion by allowing the testimony of an engineer and spinal surgeon in a products liability case.In Vanderventer v. Hyundai Motor America, 2020AP1052 (Oct. 26, 2022), the Court of Appeals District II also held that the circuit court properly allowed the plaintiff to introduce evidence of an alternate design for the product at issue.Tragic CollisionIn 2015, Edward Vanderventer was…
Continue Reading Appeals Court Upholds $38 Million Verdict, Expert Testimony Properly Allowed

Nov. 10, 2022 – The admission of statements made by an accomplice in police bodycam footage did not violate the defendant’s Sixth Amendment right to confront witnesses against him because the statements described on ongoing criminal situation, the U.S. Court of Appeals for the Seventh Circuit has ruled.In U.S. v. Graham, No. 19-2373 (Aug. 29, 2022), the Seventh Circuit Court of Appeals also held that even if the statements were considered testimonial, implicating the Confrontation Clause, their admission constituted…
Continue Reading Admission of Statements from Bodycam Footage Did Not Violate Confrontation Clause

Oct. 25, 2022 – Two statutes that create homicide liability for aiding and abetting the acquisition of drugs that cause a fatal overdose are not unconstitutionally vague, the Wisconsin Court of Appeals has held.In State v. Hibbard, 2020AP1157 (Sept. 21, 2022), the Court of Appeals District II held that the statutes were sufficiently precise to inform average persons of their effect.Texts Between Father and DaughterOn the weekend of July 8-9, 2017, Taralyn Hibbard spent the weekend with a…
Continue Reading Reckless Homicide Statue Applied to Drug-buy Abettor is Constitutional