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Recent Blog Posts
How Do I Appeal the Ruling in My Criminal Defense Case?
When you are facing criminal charges, the outcome of your trial will have a major impact on your life. Unfortunately, errors sometimes occur during criminal trials, resulting in unjust convictions or incorrect sentences. If you are unhappy with the results of your criminal trial, you have the option to appeal.
The Wisconsin Appeals Process
After the circuit court has issued its final judgment in your trial, you must file a Notice of Intent to Pursue Postconviction Relief within 20 days. This Notice informs the court that you plan to appeal the case. Within 30 days after filing the Notice of Intent, you must request a copy of the court transcript(s). The court clerk will serve you with a copy of the transcript(s) within 60 days.
Within 60 days after receiving the transcript(s), you must file a Motion for Postconviction Relief. This motion may argue that the conviction or sentence violated the U.S. or Wisconsin Constitutions, that the court did not have jurisdiction to hear the case, or that the sentence exceeded the maximum penalty allowed by law. The circuit court will rule on this motion. If it is denied, you can file a Notice of Appeal within 20 days.
Book Review on the Continuing Steven Avery Case – Illusion of Justice
Steven Avery’s request for a new trial was again rejected November 28, 2017, by Sheboygan County Circuit Judge Angela Sutkiewicz. Avery had asked the judge to reconsider her October 3rd decision rejecting his request for a new trial.
Avery’s current post-conviction attorney said that she had new testimony and evidence to present to the court, which warranted a new trial. However, Judge Sutkiewicz found that she had no basis for reconsideration and reversal of her October 3rd decision denying such relief. Avery’s attorney is seeking an appeal of the ruling with the Wisconsin Court of Appeals.
An excellent, inside view of Steven Avery’s case, his trial and the disputed forensic evidence used to convict him is found in Jerry Buting’s 2017 book, Illusion of Justice. The review of this book written by Ray Dall’Osto in the recent NACDL Champion magazine, can be read at https://www.nacdl.org/
Can the State Legislature Lower the Legal Drinking Age in Wisconsin?
By: Attorney Steven McGaver and Law Clerk Kenneth Baker
Some Wisconsin lawmakers recently announced a proposal to lower the legal drinking age to 19 years old. This proposal has one significant condition: federal highway funding cannot be withheld from the state.
In 1984, Congress passed the National Minimum Drinking Age Act (NMDAA). The act created a uniform age for the legal consumption of alcohol at 21. If states refused to raise their legal drinking age, the Department of Transportation would withhold federal highway funding. Eventually, all 50 states passed legislation to raise the drinking age to 21, including Wisconsin on September 1st, 1986.
Soon after the passing of the NMDAA, its constitutionality was called into question. The United States Supreme Court addressed the matter in South Dakota v. Dole, which determined “to what extent does Congress have the power to withhold federal funding from the states.” The Court ultimately upheld the NMDAA and found that Congress can withhold federal funds from the states if it meets five requirements. The first is that the funding must promote "the general welfare." Second, the condition [placed upon the states] must be unambiguous. Third, the condition should relate "to the federal interest in particular national projects or programs." Fourth, the condition imposed on the states must not, in itself, be unconstitutional. And finally, the condition must not be coercive. If congress could pass this five part test, it could withhold federal funding to the states.
Wisconsin Embezzlement: A Brief Overview
Theft can take many forms, from seemingly minor offenses like shoplifting to major financial crimes involving millions of dollars, high-value real estate, and/or banks or other organizations. While the news often focuses on bank fraud, securities fraud, and other high-profile white collar crimes, another form of theft that is common in Wisconsin is embezzlement.
Embezzlement Laws in Wisconsin
Embezzlement is typically defined as the theft of money or property by an employee from his or her employer. However, it can also include the theft of property that is placed in one’s trust by someone else, such as a friend or family member.
While Wisconsin statutes do not actually use the word “embezzlement,” they do have a two-fold definition of theft that is similar to embezzlement:
- The person has possession of someone else’s “money, security, instrument, paper or writing” because of his or her business, employment, or role as a trustee, and
How Do Hit and Run Accident Victims Hold Drivers Accountable?
Getting into a car accident can be a traumatic experience, and dealing with the resulting medical treatments, vehicle repairs, police reports, and insurance claims can be overwhelming in even the best cases. This process becomes even more difficult in the case of hit and run accidents, since victims will have difficulty determining the identity of the driver who was involved in an accident and holding him or her responsible for the damages caused.
Hit and Run Accidents Under Wisconsin Law
In Wisconsin, a driver who strikes a person or vehicle is required to stop his or her vehicle, investigate the scene of the accident, share his or her contact information and vehicle registration number with the other party, and provide any necessary medical assistance to anyone who was injured in the accident. Failure to do so is a felony.
Am I Required to Pay My Child’s College Tuition After My Divorce?
When parents decide to dissolve their marriage, one of the court’s top concerns during divorce proceedings is ensuring that the children’s best interests are protected. One of the primary ways this is done is by requiring one or both parents to pay child support that will provide for the children’s needs—food, shelter, clothing, personal care, medical expenses, etc. However, while parents are obligated to support their minor children, what happens when children graduate from high school and begin attending college?
Paying for Children’s College Expenses
In Wisconsin, a parent’s requirement to pay child support ends when his or her child turns 18.
Or, if the child is still pursuing a high school diploma or GED, child support ends when the child turns 19. While some states also require parents to pay non-minor support if children pursue secondary education, Wisconsin does not require parents to contribute to their children’s college tuition.
What Should I Know When Purchasing or Leasing Property for My Startup?
Starting a new business is an exciting endeavor, but ensuring that you have met your legal requirements can be a complex process, especially when it comes to commercial real estate. Consider the following information when finding a location for your startup business.
Purchasing Vs. Leasing Property
Purchasing property for your business can be a great investment, allowing you more control over the property and its associated overhead costs. It can also provide tax benefits, and a fixed-rate loan will allow for a steady monthly payment rather than rent that may fluctuate according to market rates.
However, buying property does have its risks. Property may not increase in value as expected, and the need for unexpected repairs can have an impact on your business’s cash flow. In addition, tying your business’s assets up in real estate can result in a loss of liquidity.
Can Text Messages Impact My Divorce Case?
In the 21st century, the electronic devices which we carry around in our pockets provide us with a great deal of convenience by allowing us to access information and communicate with others from nearly anywhere. However, this increased level of connectivity also comes with a price. In some cases, the messages people send on their phones may be used against them.
During a divorce, heated disputes can often arise as spouses seek to resolve issues such as property division, child custody, and child support. During this time, spouses’ actions may be closely scrutinized, and they may find that text messages sent in a moment of anger could have consequences. There are a number of ways that these types of messages could end up being part of a divorce.
Grounds for Divorce
While a spouse may feel it is necessary to obtain his or her ex’s text messages to demonstrate infidelity or otherwise show blame for the divorce, this is ultimately a pointless effort—Wisconsin is a “no fault” divorce state. In order to get a divorce in Wisconsin, it is only necessary to show that a marriage has irretrievably broken down with no reasonable chance of reconciliation. While it may be satisfying to show that the other spouse was at fault for the breakdown of the marriage, this will likely provide no legal benefit during divorce.
Get a Drinking Ticket in College? You Might Want to Call a Lawyer
By: Attorney Steven McGaver and Law Clerk Ken Baker
An underage drinking ticket in Wisconsin faces a penalty of a fine from $250 to $500 for the first offense. Many students believe that this is the end of their punishment and the consultation of an attorney is not necessary. Moreover, students wrongly think that if their drinking tickets take place off-campus, they are immune from disciplinary action from the University. However, this is not the case. Recently, Universities have become increasingly strict about underage drinking and have started using these drinking tickets as a way to impose additional academic punishments.
According to one university’s student conduct policy, the university “reserves the right to investigate and subsequently take university action for behavior of students in off-campus situations.” Even more surprising to some students is that the university has the right to discipline students because of their actions while studying abroad. Universities have the power to discipline a student in a number of ways including:
Reliable and Accurate Forensic Testing at Risk Under Attorney General Sessions
Several of my law firm colleagues and I, as well as others in the criminal defense bar in Wisconsin, regularly deal with DNA and other trace forensic evidence. The need for accurate and reliable forensic testing by law enforcement and state crime labs is critical, as our criminal clients’ lives and freedom is at stake. Testing methods, procedures and test results should be subject to independent peer review, common standards and certification. Just as important, forensic evidence testing and expert opinions about the results and what it means should be based on valid scientific and statistical principles, not outmoded theories, junk science or subjective statistics.
