Wisconsin Law Journal articles from November 2002

Wisconsin Law Journal archives from November 2002

Another reducing clause in under-insured motorist coverage held ambiguous.(Wisconsin)
November 6, 2002... Byline: David Ziemer In addition to the "usual defects" of reducing clauses - an implication that it is possible to collect the entire amount of UIM coverage, and too much navigation and cross-referencing - a couple of the defects are seen...

Stiffer sentence after appeal upheld.(Wisconsin)
November 6, 2002... Byline: David Ziemer The imposition of a longer sentence after a successful appeal of the original sentence by the defendant did not violate due process, the Wisconsin Court of Appeals held on Oct. 30, where the victim's condition had...

High court moves to stop stipulated vacatur.(Wisconsin)
November 6, 2002... Byline: Tony Anderson The state's high court has taken steps toward eliminating the ability of parties in a lawsuit to ask that trial court or court of appeals decisions that they don't like be vacated or reversed. The Wisconsin...

Wisconsin Supreme Court considers citing unpublished opinions.
November 6, 2002... Byline: Tony Anderson The state's high court appears to be on the brink of modifying a key element of case citation. The Wisconsin Supreme Court has tentatively approved the citation of unpublished opinions, which have been authored. ...

State legislators not immune from criminal arrest.(Wisconsin)
November 6, 2002... Byline: David Ziemer The term, "breach of the peace," as used in the Wisconsin Constitution, refers to all misdemeanors, not just those involving violence or the threat of violence, the Wisconsin Court of Appeals held on Oct. 31. ...

Guarantors not entitled to notice of default on insurance.(property insurance; real estate)(Wisconsin)
November 13, 2002... Byline: David Ziemer Guarantors on a real estate note are not entitled to notice that the primary obligors permitted their property insurance to lapse, the Wisconsin Court of Appeals held on Nov. 6. On Oct. 28, 1997, David S. Schlueter...

Wisconsin Supreme Court hears two Indian law cases.
November 13, 2002... Byline: David Ziemer The Wisconsin Supreme Court reluctantly considered jurisdictional conflicts between state and tribal courts in two oral arguments last week, Teague v. Bad River Bank of Lake Superior Tribe of Chippewa, No. 01-1256, and...

State Bar of WI Board of Governors defeats MDP proposal.(multidisciplinary practice law firms)(Wisconsin)
November 13, 2002... Byline: Tony Anderson The State Bar of Wisconsin Board of Governors has rejected a proposal that would have allowed lawyers to participate in multidisciplinary practice (MDP) firms. During its Friday meeting, the board voted overwhelmingly...

Inaccurate info results in vacated sentence.(Wisconsin)
November 20, 2002... Byline: David Ziemer Where a prosecutor informed the court on several occasions at sentencing that a defendant beats pregnant women, without factual basis for that assertion, the sentence must be vacated, the Wisconsin Court of Appeals...

Taxpayer needs pecuniary loss to challenge zoning ordinance.(Wisconsin)
November 20, 2002... Byline: David Ziemer Without a pecuniary interest, a taxpayer cannot bring a suit for declaratory judgment challenging a municipality's zoning amendment or the creation of a Tax Incremental Financing District (TID), the Wisconsin Court of...

WI Court of Appeals adopts requirements for waiver of postconviction or appellate counsel.
November 20, 2002... Byline: David Ziemer The Wisconsin Court of Appeals on Nov. 14 adopted requirements for the waiver of postconviction or appellate counsel, approving the use of only written communications. Change of Heart The State charged Louis...

WI Supreme Court discusses stipulated vacatur.(requests to reverse or vacate decision of a lower court)(Wisconsin)
November 20, 2002... Byline: Tony Anderson The state Supreme Court continues to look at a proposal designed to keep litigants from bargaining with court decisions. Last week, the court resumed discussions on a proposal to eliminate stipulated reversal and...

WI Court of Appeals defines 'in the care of'.(an insured, under a homeowner's policy)
November 27, 2002... Byline: David Ziemer The Wisconsin Court of Appeals on Nov. 19 adopted an eight-factor test for determining when a person is "in the care of" an insured, under a homeowner's policy. No Smoking Virginia Kriegel owned a home insured...

Probationer can refuse to participate in treatment.(court-ordered sex offender treatment)(Wisconsin)
November 27, 2002... Byline: David Ziemer The state may not revoke probation because the defendant refuses to admit his crime in court-ordered sex offender treatment, until the time for a direct appeal has expired or an appeal has been denied, the Wisconsin...

Child protection services contributions not barred by Individuals with Disabilities Ed. Act.
November 27, 2002... Byline: David Ziemer The Wisconsin Supreme Court on Nov. 21, held that the parent of a child placed in a residential treatment facility pursuant to a CHIPS order is not exempt from paying on a child support order, even though the child's...

State Public Defender's office: twenty-five years of legal defense.(Wisconsin)
November 27, 2002... Byline: Tony Anderson For the past 25 years, the State Public Defender's office has been charged with providing legal representation to the indigent throughout the state. Despite early attempts to eliminate the agency, the SPD has...