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complaint based on a recent case State v. Joshua D. Schultz, Clark County Case

LOERetired

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I put together a complaint based on a recent case State v. Joshua D. Schultz, Clark County Case No. 10-CM-138, 10/12/10 and sent it to the Mountain States Legal Foundation for review to see if they would consider helping with this one as well as the one against the DNR and help us fight to declare Wis. Stat. § 941.23 unconstitutional. Let me know what all of you think, and if its plausible.


Don
 
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Gray Peterson

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I put together a complaint based on a recent case State v. Joshua D. Schultz, Clark County Case No. 10-CM-138, 10/12/10 and sent it to the Mountain States Legal Foundation for review to see if they would consider helping with this one as well as the one against the DNR and help us fight to declare Wis. Stat. § 941.23 unconstitutional. Let me know what all of you think, and if its plausible.


Don

The federal case is pretty good. Mountain States Legal Foundation is competent and good at their work. If you file the state case in Dane County, I suggest contacting WCI and seeing if they can get some of their lawyers to take a look at it too....

What? You expected me to dismiss it and say it's bad?
 

LOERetired

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The federal case is pretty good. Mountain States Legal Foundation is competent and good at their work. If you file the state case in Dane County, I suggest contacting WCI and seeing if they can get some of their lawyers to take a look at it too....

What? You expected me to dismiss it and say it's bad?

Wow I'm stuned I thouht for sure you would rip this one apart too lol hard to argue with a judge's reasoning, that's what I'm hoping that the reviewing judge will cosider. Do you think it's better filed in state court than federal? Might be better in a circuit court being the judge who wrote the argument to dismiss is a county judge from Clark county and the circuit judge might follow suit.
 
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Gray Peterson

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Wow I'm stuned I thouht for sure you would rip this one apart too lol hard to argue with a judge's reasoning, that's what I'm hoping that the reviewing judge will cosider. Do you think it's better filed in state court than federal? Might be better in a circuit court being the judge who wrote the argument to dismiss is a county judge from Clark county and the circuit judge might follow suit.

It would be better to have a state case filed in Clark County, since it's just that one judge. It would be a case filed against the state so the state AG's would have to respond or else have the entire law tossed. Remember that the Clark County DA didn't appeal the case. If you sue the state, you'll be facing the state attorney general's office.
 

LOERetired

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It would be better to have a state case filed in Clark County, since it's just that one judge. It would be a case filed against the state so the state AG's would have to respond or else have the entire law tossed. Remember that the Clark County DA didn't appeal the case. If you sue the state, you'll be facing the state attorney general's office.


I agree, filing it with the state is the best approach, so, let me change that and re-post it here.
 

paul@paul-fisher.com

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I agree, filing it with the state is the best approach, so, let me change that and re-post it here.

You might want to check with an attorney. I believe it more expensive to do it through the state and when you win, they don't have to pay attorney fees. I believe that is why WCI goes through the Federal court.
 

LOERetired

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You might want to check with an attorney. I believe it more expensive to do it through the state and when you win, they don't have to pay attorney fees. I believe that is why WCI goes through the Federal court.


Thanks, I'll look into that, to see who is responsible for fees, the looser or both equally. anyway I have one of each now, one ready for federal court, and one ready for State court.

Don
 

LOERetired

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The federal case is pretty good. Mountain States Legal Foundation is competent and good at their work. If you file the state case in Dane County, I suggest contacting WCI and seeing if they can get some of their lawyers to take a look at it too....

What? You expected me to dismiss it and say it's bad?


WCI’s resources are better spent defending its members like the Madison 5
 
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