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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.”
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.
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.
What to Do After Pedestrian Hit and Run Accident
While it may be difficult to imagine hitting a pedestrian with a car and then driving away, this type of accident occurs with some frequency. In fact, the National Highway Traffic Safety Administration reports that nearly 20 percent of all pedestrian fatalities are hit and run accidents.
It may seem shocking that a driver would not want to help a pedestrian accident victim or render aid. However, many pedestrian-involved car accidents take place late at night, and alcohol is a common factor.
If you have been injured as a pedestrian or if you have lost a loved one to a pedestrian hit and run accident, a lawyer can help you get compensation for your injuries and losses.
Identifying the Fleeing Driver
One of the biggest obstacles in recovering from the at-fault driver in a hit and run is finding the driver. Any details about the car, anyone inside the car, or the direction the car was traveling can lead to the driver being identified.
The Stepparent Adoption Process
Stepparents seek to adopt children for a variety of reasons—the most common being that they provide a substantial amount of care to the children. In this instance it is wise to adopt so that the law and others will recognize this relationship.
For example, if children rely on their stepparent for monetary support, and something were to happen to the stepparent, then the children may not be eligible for certain benefits. Likewise, the stepparent may not have needed access to educational or medical records for the children in the event of an emergency. Adoption can also make the child feel included as his or her last name can be changed to that of the rest of the family.
Termination of the Birth Parent’s Rights
The main issue to keep in mind with these types of adoptions is that a child can only have two parents. This stipulation means that in order for a stepparent to be able to adopt a child, one of the child’s birth parents must terminate his or her rights.
