Hurley Burish and Stanton, SC Attorneys at law

Admissibility of “Soft Science” Expert Testimony in Wisconsin and Techniques to Challenge its Use

Author: Stephen P. Hurley Co-author: Marcus J. Berghahn Because expert testimony is a particularly effective manner of presenting evidence and because the use of an expert may reinforce, with objective data and experience, what had previously been subjective or equivocal facts, the admissibility of expert testimony is often a critical pretrial battle for defense counsel. […]

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Preventing and Defending School Discipline Proceedings

Author: Co-author: Marcus J. Berghahn This lecture and materials are intended as a cursory introduction into student’s rights in public schools and disciplinary proceedings. The materials are general and, hopefully, will allow you to identify issues before any disciplinary proceeding occurs. The materials and today’s discussion are not a substitute to the engagement of a […]

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Straw, Sticks or Bricks: How Strong is the Attorney-Client Privilege? A Cautionary Tale for Defense Counsel

Author: Stephen P. Hurley Co-author: Marcus J. Berghahn Your trial date is rapidly approaching and you are confident that you have a strong case. You have briefed all conceivable motions in limine; you have served the subpoenas, spoken to all possible witness, all that remains is to refine your opening statement. You ask your client […]

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The Attorney-Client Privilege: The Self Defense Exception To The Attorney-Client Privilege

Author: Stephen P. Hurley Co-author: Marcus J. Berghahn Three months after withdrawing from your representation of client and from an ethically challenged law firm, you learn that you have been named as a defendant in a civil action, which also names your former law partners and your former client. Your malpractice insurance premium will go […]

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“Sharp Practice:” The Use of Section 908.01(4)(b) Admission by Party-Opponent to Hoist A Prosecutor By His Own Words, or the Lessons of State v. Cardenas-Hernandez

Author: Stephen P. Hurley Co-author: Marcus J. Berghahn Note about title1 “Anything you say can and will be used against you” 2 We hold as axiomatic the ability of the prosecution to elicit and admit into evidence our client’s statements through the testimony of others. Such statements are not hearsay3 and they are, almost without […]

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