Child custody and placement can be one of the most contentious aspects of any divorce. Parents feel strongly about spending time with their kids and having a long-lasting and healthy relationship with them. Splitting time between both spouses can make that difficult and can lead to anger and resentment between ex-spouses. In a recent case before the Wisconsin Court of Appeals, the court considered what to do when one spouse asks to modify the child custody arrangement to which she previously agreed. J.S. and D.L. divorced in 2008. As part of their divorce, they reached a marriage settlement agreement in which they set forth the terms of custody over their two children, Dylan and Mackenzie. D.L., their father, was to have primary custody over the kids during the school year, while J.S. would have them over weekends. They would also split holidays and, in the summer, split time between their two houses equally. Six years after this agreement was reached, J.S. sought to…
Wisconsin Court Rejects Modification of Child Custody Arrangements
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Wisconsin Court Denies Evidentiary Hearing Regarding Changes to Child Placement
When dealing with family law matters, it can be difficult to ascertain the true interests of the parties and all those affected, without conducting an evidentiary hearing. While briefs and motions can be carefully crafted in order to present the story from a party’s particular perspective, hearings are often necessary to understand the full details of a situation and the true impact that any changes to a custody order, or maintenance plan, are likely to have on those involved. At the same time, courts are often constrained by time and resources from conducting hearings on every occasion, and may opt instead to hold hearings only in those cases where they are most necessary. A recent case before the Wisconsin Court of Appeals looks at whether courts are required to hold hearings in some circumstances and whether that is a basis for appeal. This case arises from the divorce proceedings of K.P. and R.P. The two former spouses divorced in 2007. They had two children from…
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Opinion requiring modern clinical tests for mental disability in capital case
Justice Ginsburg delivered the opinion of the Court in Moore v. Texas. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined.
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Wisconsin Court Allows Child Support Modification Based on Income Changes
When a couple divorces and reaches an agreement on issues such as child support and spousal maintenance, the terms of that agreement are considered final. They can only be changed through a petition to the court arguing that there has been a substantial change in circumstances that warrants a change in financial arrangements. What constitutes a substantial change in circumstances is largely up to the discretion of the court considering the case, and many different factors may be considered. A recent Wisconsin case looks at whether changes in income by one or both parties can justify a change in child support amounts. E.Y. and M.Y. divorced in 2014. At the time, they had a marital settlement agreement that set forth there terms of custody, child support, and spousal maintenance. E.Y. was required to pay $1200 a month in child support and $600 a month in non-modifiable maintenance payments for six years, or until M.Y. died or remarried. In 2015, E.Y. and M.Y. both moved the…
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M.D.Pa.: Knocking and getting no answer is not exigency
The entry into defendant’s house on probable cause but without an arrest warrant was unreasonable. The officers claimed exigency from the fact they announced and nobody answered. After the entry, the police went to defendant’s wife and told her of … Continue reading →
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Judge Sides With Florida Governor in Death-Penalty Dispute With State Attorney
Arian Campo-Flores has this article in the WSJ with the above title.Florida Gov. Rick Scott notched a legal victory Tuesday in his dispute with a state attorney over her refusal to seek the death penalty, when a state judge ruled that the governor had the authority to remove her from a case. Aramis Ayala, the state attorney for Orange and Osceola counties, announced earlier this month that she wouldn't pursue capital punishment for Markeith Loyd--charged with killing his pregnant former girlfriend and a police officer--or any other defendant.George Soros pumped big money into the campaign of Ms. Ayala, among other prosecutor candidates around the country, to influence the prosecution of capital cases. If a candidate wants to announce in advance that, if elected, she will never seek the death penalty in any case, that is one thing. To get elected with that secret intent and then spring it after the election is something else. That is fraud on the…
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W.D.Va.: Two emails showed PC to believe two email accounts would have evidence of money laundering
The facts before the USMJ, based on two emails, showed probable cause to believe that defendant’s two email accounts would have further evidence of money laundering. United States v. Bradley, 2017 U.S. Dist. LEXIS 43719 (W.D. Va. March 24, 2017). … Continue reading →
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Juvenile Court or Adult? New Research on the Consequences of the Decision
Juvenile courts were invented at the end of the nineteenth century and spread rapidly across the U.S. Proponents argued that juvenile offenders were more readily rehabilitated than adults, and should be handled through a different court system that focused on treatment and spared offenders the permanent stigma of a criminal conviction. By the 1990s, though, attitudes toward juvenile offenders had grown more pessimistic and punitive. Although juvenile courts were not eliminated, most states adopted reforms that either reduced the maximum age for juvenile court jurisdiction or facilitated the transfer of some juveniles to adult court. More recently, the pendulum of public opinion has begun to swing back in favor of juvenile courts. Connecticut, Illinois, Massachusetts, Mississippi, and New Hampshire have all expanded the jurisdiction of their juvenile courts. There has also been a push in Wisconsin to raise the age of majority and keep some seventeen-year olds in juvenile court.…
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CA8: RS too fact bound to lend itself to overcoming QI defense in § 1983 case
Plaintiff suppressed his search in state court for lack of reasonable suspicion, but he can’t get over the qualified immunity hurdle to sue the officer for the detention. The reasonable suspicion was thin at best, and, instead of nervousness, the … Continue reading →
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CA6: Allegation of falsely creating PC is different than absolute immunity for GJ testimony
An allegation of falsely creating a case against the plaintiff is independent from the absolutely immune conduct of grand jury testimony. The district court erred in granting summary judgment to the defendants. Supplement jurisdiction claims dismissed also reversed. King v. … Continue reading →
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UT: Defense “counsel was [not] ineffective for not filing a motion to suppress based on an unresolved proposition of law.”
“We cannot conclude that Edgar’s trial counsel was ineffective for not filing a motion to suppress based on an unresolved proposition of law.” State v. Edgar, 2017 UT App 53, 2017 Utah App. LEXIS 53 (March 23, 2017): [*P16] We … Continue reading →
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Create a Multi-Level Marketing Company in Ten Easy Steps
Hundreds of thousands of Americans get sucked into Multi-Level Marketing (MLM) companies each year. From Mary Kay to Amway to Herbalife to PrePaid Legal, the list is seemingly endless. Each offers its own special spin on the products it sells, but the main focus of an MLM is on recruiting new members. MLMs live and die by the recruitment of new members, who make the bulk of the product purchases from the company. Little of the product is resold to an actual end user, but the MLM company doesn’t care. The sale has been made to the distributor (or associate or representative or member or consultant or whatever term you like). It’s widely known that those in MLMs make little money. In fact, almost everyone in the pyramid loses money. The real money makers in the scheme are those who own the MLM company. So in the spirit of giving, I’m offering you ten simple steps toward creating your very own MLM. Start yours now and cash in on all those people who are dying to…
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Funeral services held for pregnant woman killed by alleged drunk driver
Funeral arrangements were recently held for the pregnant Verona woman who was killed by a suspected drunk driver from Belleville. Police told the media that about 7:45 a.m. on Friday March 3, Megan E. Villanella, 34, and her 30-year-old brother were waiting at a bus stop at Lakeside Avenue and Pease Avenue when Anthony V. Casale, Jr., 25, struck them in a 2006 white Mitsubishi. Read more: Criminal Defense Lawyer, New Jersey “Villanella was due with her second child in May, and was married with a 22-month-old daughter, Isabelle Ava, her obituary stated,” an article on the Verona Patch website reads. Services for Villanella were set for Saturday, March 11. “The driver also hit her brother, Derek Longo, 30, who was hospitalized with critical injuries, authorities said.” No other information in regards to Longo’s condition has been released. Prosecutors announced that Casale has been charged with first-degree death by auto in connection with…
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NYTimes: Republicans Attack Internet Privacy
NYTimes: Republicans Attack Internet Privacy (Editorial): Republicans just made clear how little they care about protecting the privacy of Americans by letting companies like Verizon and Comcast sell advertisers the internet browsing histories and other personal data of their customers … Continue reading →
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What is a Misdemeanor and What Does It Mean in Texas?
A felony charge is the most serious type of offense in Texas. For instance, types of felony crimes include murder, robbery and burglary. The lowest felony category is a state jail felony. The highest felony charge is capital murder. Punishment for a felony conviction ranges from a 180 days in state jail to death depending on the crime. A misdemeanor charge is a lesser charge than felony. The punishment for a misdemeanor doesn’t include death. However, it does include some harsh penalties. IF YOU OR A LOVED ONE HAS BEEN CHARGED WITH A CRIME, YOU SHOULD CONTACT A CRIMINAL DEFENSE ATTORNEY AS SOON AS POSSIBLE. THE LAW OFFICE OF BRETT A. PODOLSKY CAN HELP. CLICK HERE TO CONTACT HIM IMMEDIATELY. Texas Classifies Misdemeanors by Classes Texas class misdemeanors by categories called classes. These classes denote the seriousness of the crime. Class A Misdemeanors A Class A misdemeanor is reserved for any offenses that are considered serious enough for jail time. Criminal acts in…
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Cross: Bob Levy, Guiding Cato’s Vision of Justice
David Meyer-Lindenberg crosses Chairman of the Board of Cato Institute, Robert Levy. Q. You grew up in DC’s rough-and-tumble Petworth neighborhood, where your dad ran a hardware store. Clearly, you liked the nation’s capital just fine: you chose to stay on for college at American University and only left the city for the wild and distant climes of Montgomery County, Maryland in ’66, once you had your Ph.D in business. You went to American U in the early Sixties, a turbulent time when organized left-wing student activism was just getting started and students and faculty alike were outraged over the discovery of a secret U.S. Army counterintelligence program on campus. All in all, it doesn’t seem like a particularly natural breeding ground for libertarians. Where’d your politics come from? Whom were you reading? Who influenced your views? A. Many thanks for asking me to participate. Your questions go back quite a few years, and my 75-year-old…
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Kopf’s Top Ten Observations About Criminal Defense Lawyers
As I write this on a Sunday morning, I am in the middle of a complex criminal jury trial that will likely last four weeks. Of course, I cannot write about the substance of the case or the lawyers. But watching the criminal defense lawyers in that case started me thinking about my observations of other criminal defense lawyers over the last 25 years. It occurred to me that the readers might be interested in my top ten observations about criminal defense lawyers from the perspective of a federal trial judge. So, in no particular order of importance, here are my observations: 10. Criminal defense lawyers are at great risk of becoming drunken bastards—the stress is beyond description. 9. Being a good criminal defense lawyer requires sincerity whereas being a great criminal defense lawyer requires the ability to fake it. 8. When it comes to convincing a client to accept a guilty plea because it is in the manifest best interests of the client, a criminal defense lawyer must…
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American College of Trial Lawyers Doesn’t Know It’s IX
Brian Bensimon, a student reporter for the College Fix, asked if I had any thoughts on the white paper prepared by the American College of Trial Lawyers. Having neither heard nor read anything about it, it was good of him to ask, as there was now something that needed to be read. The ACTL is a vanity group, but a legit one, whose primary purpose is to give its members awards. At least they’re earned. And to its credit, the preparation of a White Paper on a controversial topic reflects a real concern for law. So it was something worth the read. Unlike what one would expect from an association like the American Bar Association, dedicated to social justice at the expense of law, the ACTL took a critical look at the manner in which campus adjudication of Title IX failed to demonstrate respect for basic due process in its zeal to vindicate the campus sexual “epidemic.” And it therein went off the rails. In 2011, in response to increased concern over sexual assaults…
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OH12: Shoplifting arrest supported search incident of def’s backpack
Defendant was arrested outside a store for shoplifting a belt and hat he wore out of the store. The backpack he was wearing was subject to search incident under Gant when he was arrested. State v. Whipple, 2017-Ohio-1094, 2017 Ohio … Continue reading →
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OH5: Helicopter flyover discovery of MJ plants didn’t justify warrantless entry into curtilage; open fields search valid
The helicopter flyover of defendant’s property gave probable cause but no exception to the warrant requirement. The officers could enter up the driveway, and then consent to enter was given. The marijuana plants in the woods were in open fields. … Continue reading →
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