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19. Guest Posts

Since July 1, 2016, circuit court clerks have been permitted to transmit documents and records electronically to the court of appeals. When that occurs, the court of appeals paginates the documents in the appellate record. Sometimes a document is shared among multiple appeals. Originally the system was designed to paginate a document permanently–one time. Therefore… Read More

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Three separate opinions in Seifert v. Balink result in a 5-2 majority upholding admission of expert medical testimony under the Daubert standard.  Because Seifert is the first Wisconsin Supreme Court case interpreting this standard for admission of expert testimony, it provides guidance to lower courts and to practitioners regarding the 2011 statutory changes. The On Point summary concisely… Read More

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The Wisconsin Supreme Court recently denied Rule petition 15-04, which sought to amend SCR 20:1.9 governing a lawyer’s duties to her former clients. In this post, SPD Legal Counsel, Devon Lee, explains that the current rule does not prevent the types of communications highlighted by the petitioners. The petition proposed an amendment to SCR 1.9(c) which… Read More

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The Wisconsin Supreme Court recently amended portions of SCR Chapter 20 that, among other things, govern the use of technology in a law practice. SPD Legal Counsel, Devon Lee, explains what these changes mean for lawyers who use email, cloud computing, and/or social media. Isn’t that everybody? Changes in technology have changed the ways in… Read More

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State v. McKellips, 2016 WI 51, 6/28/16, reversing a published court of appeals decision, 2015 WI App 31; case activity (including briefs) SCOW here defines the phrase “computerized communication system” by separately defining each word, and then lumping together those definitions to conclude that text messages sent with a flip phone constitute “use of a… Read More

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Welch v. United States, USSC No. 15-6418, 2016 WL 1551144 (April 18, 2016), vacating and remanding an unpublished order of the 11th Circuit; Scotusblog page (including links to briefs and commentary) Associate Federal Defender Shelley Fite has kindly agreed to provide her take on the high court’s latest: Federal defenders and procedure wonks naturally appreciate Welch v. United… Read More

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Attention appellate practitioners: We are pleased to present this guest post by Andrea Cornwall, Regional Attorney Manager if the SPD’s Milwaukee Appellate Office, about the imminent change in the rules governing references to victims in appellate brief. You may have received some notification of Supreme Court Order 14-01 amending the rules of appellate procedure was entered in… Read More

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Curtis J. Pidgeon v. Judy P. Smith, Warden, 7th Circuit Court of Appeals No. 14-3158, 5/13/15 In a federal habeas case, the Seventh Circuit has confirmed that the Machner hearing, like New Glarus beer and squeaky cheese curds, is a Wisconsin anomaly. State v. Machner, 92 Wis. 2d 797 (Ct. App. 1979.) Special guest Shelley… Read More

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