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Recent Blog Posts
Steven Avery Denied a New Trial
By James Lewis
This week Circuit Court Judge Angela Sutkiewicz of Sheboygan County considered whether to grant a new trial in the Steven Avery case; a case that captured the country’s attention with the popular Netflix series, “Making a Murderer.” The case centers on the alleged rape and murder of Teresa Halbach. The Netflix mini-series highlights the unusual police investigation and trial that resulted in Avery being convicted and sentenced to life in prison. However, the newest development that is not documented in the mini-series is the court’s denial of Avery’s motion for a new trial. As grounds for the denial, the court held that Avery ignored a procedural rule that requires a defendant to prove new evidence was not available in previous post-conviction motions.
This latest motion for a new trial is Avery’s second attempt to have a jury re-hear the case. Avery’s attorney argued that developments in DNA testing and ballistic forensics constituted “new evidence” under Wisconsin law and required the court to grant a new trial. The court’s denial of Avery’s motion for a new trial addressed three specific claims of “new evidence.”
Preparing Yourself for an Examination Under Oath
In Wisconsin, when you file a fire loss claim, water damage claim, or other property damage claim against your insurance company, your insurance policy most likely allows your insurer to take your examination under oath. What is an examination under oath, and why would you have to attend one if you were filing an insurance claim?
Fire loss claims, water damage claims, and property damage claims are costly propositions for Wisconsin insurers. Insurance companies pay millions of dollars a year out in these types of claims to homeowners and business owners in the Milwaukee area. Obviously, this is not good for the insurance companies bottom line. What do insurance companies do to combat paying these claims?
The insurers may look to either deny the claim based on policy defense, or, if they cannot, they look to mitigate their loss so they can pay a lesser amount to their insured. The examination under oath is a tool that allows them to explore and discover potential policy defenses that can allow insurers to avoid paying your claim. For example, if your vacation cottage up north had its pipes freeze and burst in the winter causing damage, your insurance policy may have a clause that requires certain actions in order to properly prepare it for the winter. If your insurer discovers that it can argue you did not act accordingly in an examination under oath, it may try to deny your claim.
The Division of Marital Assets and Debt During Divorce
Dividing marital property and debts is one of the key tasks in a divorce. Property division can be complex and contentious if many types of assets and debts are involved and the parties do not agree on how to split community property.
Determining Community Property
Wisconsin is a community property state. This means that any assets or debts acquired during the the course of the marriage (or acquired after the married couple moves to Wisconsin) belong to both spouses. Assets can include income earned by either party, investment and retirement accounts, and any property purchased regardless of whose name is on the title.
If you have a valid prenup, the size of the community property may be more limited. Additionally, there may be property that is considered separate property and is owned by only one spouse.
My Homeowner's Insurance Claim Was Rejected. Now What?
A homeowner’s insurance policy is meant to cover losses on your home and when you consistently pay the monthly premiums for that policy, you expect your insurance company to pay when a loss does occur.
In many cases, a homeowner’s insurance policy operates as it should. However, sometimes insurance companies try to avoid payment under the terms of their own policies.
If you sustain a loss that you believe is covered by your homeowner’s insurance policy and your insurer rejects the claim, your insurance company should explain to you in writing reasons for denial of your claim, including which provisions your claim does not meet or which provisions preclude you from having a valid claim. You should re-read these sections of your policy so you can understand the insurance company’s reasoning fully and in context.
Drug Paraphernalia Possession Charges in Wisconsin
If the State issues charges against you for drug paraphernalia, you may wonder how severe of consequences you face, especially if police did not find drugs on your person. Wisconsin law typically considers possession of drug paraphernalia a misdemeanor. Although a misdemeanor is not considered as serious as a felony charge,, you may still face jail time and any conviction could have consequences for you later in life. Further, Wisconsin classifies any drug paraphernalia possession that relates to methamphetamine use as a felony.
It is critical that you fight a charge of drug paraphernalia possession. Convictions like these can follow people as they attempt to get employment, housing, or an education. If you have other convictions on your record, a drug paraphernalia conviction could be used to show that you have a history of disregarding the law.
Slip-and-Fall Accidents: Winter Weather Awareness
Winter weather presents a renewed set of slip-and-fall hazards for the public. Snow, ice, and melted water have all been known to cause serious slip-and-fall accidents leading to significant injuries.
Not every slip-and-fall accident will result in liability on the part of a property owner or in a lawsuit, and your case should be brought expeditiously to a personal injury attorney for evaluation.
Hazards that Appear in Winter
Some causes of slip-and-falls are not dependent on the weather—loose or missing handrails, poor lighting, and unmarked deviations in floor levelness. However, other causes crop up in the winter only, and they include:
- Snow. Property owners and managers are required to keep walkways clear of snow so that foot traffic can safely traverse the area.
How Can an Estate Planning Attorney Help Me Review a Loved One's Trust?
Trusts are a common way to transfer property to family, friends, and charitable organizations. Many people opt to use a trust instead of a will for the distribution of their estates after death.
Trusts are unique from wills. Instead of leaving certain property to heirs, the assets are held and managed by a trustee who will, over time, distribute the assets or the proceeds from the assets to the trust beneficiaries.
While people may be drawn to trusts to avoid the costly and time-consuming probate process utilized in the cases of wills, issues can still arise with regard to trusts. There are numerous types of challenges someone may try to bring in court that could affect your ability to collect from a trust.
When Can a Divorced Parent Move with the Children?
When one parent seeks to move, the other parent and the children will be undoubtedly impacted, and they may want to object to this huge proposed change. Wisconsin law provides a specific framework for how to initiate and object to relocation proposals.
What the Parent Seeking Relocation Must Do
Wisconsin law outlines what must occur if both parents are given periods of physical placement and the parent with legal custody and physical placement rights wants to move with the child.
The parent seeking to relocate the child must provide notice to the other parent 60 days in advance of the relocation if any of the following conditions are met:
- The parent wants to move out of Wisconsin;
- The parent wants to move within Wisconsin but 150 miles or more away from the other parent; or
Border Crossing Implications with an OWI
By: Kenneth Baker
The restrictions imposed by an OWI conviction can be quite burdensome. Some restrictions, however, are not known to individuals that have been charged with an OWI. For example, Canadian Immigration officers have the power to deny persons with OWI convictions from crossing the border into Canada. In fact, if you have been arrested or convicted for driving under the influence of drugs or alcohol, regardless of whether it was a felony or a misdemeanor, you may be criminally inadmissible to Canada or denied entry.
Canadian Immigration Officials have introduced a new entry requirement, known as an Electronic Travel Authorization (eTA). In order to receive an eTA, individuals have to disclose their criminal convictions, which may bar them from entering Canada. Even if you will not be driving in Canada, you can still be denied entry. Individuals who have been acquitted of an OWI can still be stopped at the border and denied entry. This stringent border patrol comes as a surprise to many US citizens.
Concealed Carry Permit Holders and Public Transportation
By James Lewis
Milwaukee’s newest form of public transportation, the downtown street car, aims to connect commuters to Milwaukee’s thriving business district. The street car will bring more flexibility and choice to Milwaukee’s public transportation.
With this added method of transportation, it is important for gun owners and concealed carry permit holders to be aware that the government must honor the right to carry firearms while riding on public transportation.
The Wisconsin Supreme Court’s recent ruling in Wisconsin Carry, Inc. v. City of Madison clarifies the rights of a concealed carry permit holder to bring his or her weapon on public transportation. The 74 page opinion focused on a City of Madison Metro Transit rule, which prohibited bringing any dangerous item onto city buses, including concealed weapons and firearms.
