Reduce partisan fight over judges, lawyers urge

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Posted on 11th August 2008 by Gordon Johnson in Uncategorized

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Wisconsin got its name in the national news for our Supreme Court race this spring, as one where a good judge got beat by a little known county judge with right wing rhetoric, see the below story. For the local story of the defeat of Justice Louis Butler,Jr. by Michael Gableman click here.

Attorney Gordon Johnson
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©2008 Gordon S. Johnson, Jr.

Date: 8/10/2008 12:17 PM

By MARK SHERMAN
Associated Press Writer

NEW YORK (AP) _ The American Bar Association is calling on the next president and Senate to reduce partisan tensions in federal judicial nominations.

The incoming president of the lawyers’ group, H. Thomas Wells Jr. of Birmingham, Ala., said Sunday that he also is enlisting the help of retired Supreme Court Justice Sandra Day O’Connor to study threats to fair and impartial state courts.

At the federal level, the White House should create a commission of Democrats and Republicans to recommend nominees for federal appeals courts and the two senators from each state should establish similar panels to evaluate and recommend federal trial judges, the ABA says in a resolution inspired by Wells. The proposal is certain to be adopted at the group’s annual meeting in New York.

The bipartisan panels would help “avoid the times when there have been really rancorous debates in the confirmation process,” Wells said in an interview with The Associated Press.

Nominations from Florida and other states that now use such commissions, Wells said, “almost never have bitter confirmation fights.”

Wells said that by acting ahead of this year’s election, the ABA — often criticized by Republicans for tilting toward the Democrats — will avoid being seen as favoring one party. He said he plans to write to Democrat Barack Obama, Republican John McCain and members of the Senate to urge them to adopt the commission approach.

In recent years, individual senators in both parties have blocked judicial nominees from a vote by the full Senate. Democrats filibustered several of President Bush’s nominees when they controlled the Senate during his first term.

Bush also has failed to consult senators on some of his choices. In one instance, his nominee for an appeals court slot from Virginia was not among the recommendations of the state’s senators, Republican John Warner and Democrat Jim Webb.

The nomination has since been withdrawn and Bush has nominated two other Virginians to fill vacancies on the 4th U.S. Circuit Court of Appeals who were among those recommended by the senators. One, former state Supreme Court Justice G. Steven Agee, was unanimously confirmed. The nomination of U.S. District Court Judge Glen Conrad is pending.

At the state level, Wells said his concern was sparked by recent expensive, and in some cases ugly, campaigns and some state legislatures’ refusal to provide enough money for state courts.

O’Connor has spoken out frequently in defense of judicial independence and said judges who must run in partisan elections risk being compromised by the growing amount of campaign cash they must raise.

She will head up a May 2009 summit in Charlotte, N.C., that will explore these issues, Wells said.

In April, a little-known county judge narrowly defeated a Wisconsin Supreme Court justice with a law-and-order message and a barrage of third-party ads in a race that will go down as one of the state’s nastiest.

Liberal and conservative interest groups spent millions of dollars on negative attack ads that blanketed the state’s airwaves for weeks.

The ABA also is part of a push to get the U.S. Supreme Court to take up a case from West Virginia, in which a state high court justice refused to step aside from ruling on a $76.3 million dispute involving a key booster of his 2004 election campaign.

Copyright 2008 The Associated Press.

Plea deal reached in Wis. homicide-torture case

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Posted on 8th August 2008 by Gordon Johnson in Uncategorized

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Date: 8/6/2008 10:17 PM

By SCOTT BAUER
Associated Press Writer

PORTAGE, Wis. (AP) _ A man charged with killing a woman and torturing her young son as he led a gang of violent identity thieves entered into a plea agreement Wednesday that could keep him behind bars for the rest of his life.

Michael Sisk, 26, faces up to 136 years and three months in prison, but will be sentenced to less than the maximum with extended supervision under a state sentencing provision. To a count of second-degree reckless homicide he entered an Alford plea, which means he did not admit guilt but said the prosecution has enough evidence to obtain a conviction. He pleaded guilty or no contest to nine other counts.

Sisk’s attorney, Ronald Benavides, said the plea deal arose after a Wednesday afternoon hearing on a series of motions filed in advance of Sisk’s trial, which was to have started Monday.

Prosecutors say Sisk killed Tammie Garlin, 36, who was found buried outside the house Sisk and others rented in Portage, a sleepy town of about 9,700 in south-central Wisconsin.

A message left after office hours with Columbia County District Attorney Jane Kohlwey was not immediately returned.

Investigators believe Sisk and his gang, including Garlin, crisscrossed the country with their young children, stealing people’s identities and running small-time scams.

Police looking for the 2-year-old daughter of gang member Candace Clarke, kidnapped from her Florida foster parents, tracked the gang to the rental house where Garlin’s body was found in a shallow backyard grave in June 2007.

They found the kidnapped girl, and found Garlin’s son — then 11 — in the closet streaked with blood.

According to a criminal complaint, the boy told detectives that everyone in the gang, including his sister and mother, burned him with hot water and whipped him with an extension cord as punishment. Sisk beat him with a board with a nail in it, he said.

The case spurred an outpouring of sympathy for the boy across the country and forced the Florida Department of Children and Families to reform its system and assign specific workers to track missing children.

Sisk, Clarke, 24, gang member Michaela Clerc, 22, and Garlin’s now-16-year-old daughter were charged with a host of counts, including being a party to child abuse and first-degree intentional homicide. Clarke and Clerc struck plea deals over the past year, and the teen’s case has been moved into juvenile court.

Patti Seger, executive director of the Wisconsin Coalition Against Domestic Violence, called the case sad.

“You just don’t hear about this combination of folks all traveling together with kids where everybody is sort of participating in abusing each other,” Seger said. “Somebody killed that woman and somebody hurt that little boy.”

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Associated Press writer Todd Richmond contributed to this story.

Copyright 2008 The Associated Press.

McCain opposes farm policies popular in Midwest

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Posted on 6th August 2008 by Gordon Johnson in Uncategorized

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Date: 8/6/2008 3:06 AM

By MIKE GLOVER
Associated Press Writer

DES MOINES, Iowa (AP) _ Republican presidential candidate John McCain opposes the $300 billion farm bill and subsidies for ethanol, positions that both supporters and opponents say might cost him votes he needs in the upper Midwest this November.

His Democratic rival, Barack Obama, is making a more traditional regional pitch: He favors the farm bill approved by Congress this year and subsidies for the Midwest-based ethanol industry. McCain instead has promised to open new markets abroad for farmers to export their commodities.

In his position papers, McCain opposes farm subsidies only for those with incomes of more than $250,000 and a net worth above $2 million. But he’s gone further on the stump.

“I don’t support agricultural subsidies no matter where they are,” McCain said at a recent appearance in Wisconsin. “The farm bill, $300 billion, is something America simply can’t afford.”

McCain later described the measure, which is very popular throughout the Midwest, as “a $300 billion, bloated, pork-barrel-laden bill” because of subsidies for industries like ethanol.

It’s not a stand that pleases Republican Sen. Charles Grassley of Iowa.

“I would not advise him to take that position,” Grassley said. “For sure, he can’t lose Missouri and that’s in the upper Midwest. Could he lose Iowa, Minnesota and Wisconsin and still be elected president? Yes, but I wouldn’t advise him to have that strategy.”

Grassley, a conservative Republican, and his Senate colleague from Iowa, liberal Democrat Tom Harkin, have achieved enduring success in this state largely by mastering the politics of farm issues. Harkin chairs the Senate Agriculture Committee, which wrote the new farm legislation.

“I don’t see any scenario in which McCain can get to the White House without carrying some upper Midwestern states,” said Harkin, an Obama backer. “I’ve never really understood in all my years why Sen. McCain has gone out of his way to speak against and vote against policies that are important to the upper Midwest.”

There’s a history of close elections in the region. President Bush carried Indiana, Iowa, Missouri, North Dakota and South Dakota in 2004, earning 35 electoral votes. But his Democratic opponent, John Kerry, prevailed in Minnesota, Wisconsin and Illinois, giving him 41 electoral votes.

Veteran GOP strategist Gentry Collins said McCain can defend his record on farm issues, including opposing “corporate welfare” for big operations, but he said there’s more at work.

“The upper Midwest is crucial in this election, and Midwestern voters value authenticity. They value experience,” Collins said. “I don’t think agricultural issues are the only issues Midwestern voters care about. There are some bigger-picture issues, broader issues where he’s strong.”

But on another important issue to Midwesterners, McCain opposed a tax break for developing wind power. Obama supported the tax break.

“We’re employing close to 2,000 people right now in Iowa in the wind energy industry,” Harkin said.

McCain has been most outspoken on ethanol subsidies, and that has Republicans worried in Iowa, the nation’s biggest producer of the fuel. Other top ethanol producers include Illinois, Minnesota, Indiana, Ohio, Wisconsin and Missouri.

“It does challenge him in states like Iowa, the No. 1 ethanol state,” said Bill Northey, Iowa’s Republican agriculture secretary. “It does make it tougher to make the case.”

Drake University political science professor Dennis Goldford said McCain’s problem on farm issues reflects a deeper issue he faces as he’s courted conservative GOP activists, many of whom are deeply suspicious of him.

“He’s essentially reverting to standard Republican supply-side economics,” said Goldford. “That’s where he’s got a problem. He’s got to find his own voice and so far he hasn’t had a voice.”

Iowa Gov. Chet Culver, a Democrat who has campaigned for Obama, said he’s puzzled by McCain’s position. He points to other Republicans who have a different view.

“President Bush and I just had a good conversation about how critically important ethanol is, and how Iowa is positioned so well to lead the nation,” said Culver. “I have no idea why John McCain doesn’t support it. It hurts him in Indiana, and Missouri and Ohio, and it’s not the message right now that any of us want to hear.”

Obama has a modest lead in national polls, but electoral votes will decide the election. Obama is poised to do well on both coasts, while McCain is favored in the South and some parts of the West. That leaves the upper Midwest as a swing battleground.

“The Midwest is crucial in this campaign,” said Iowa Attorney General Tom Miller, a Democrat and an early backer of Obama. “Iowa, Minnesota, Wisconsin and perhaps Indiana are very important states. McCain is behind, and he’s in danger of falling further behind.”

Copyright 2008 The Associated Press.

Drunk driver hurts 4 at Sheboygan Brat Fest

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Posted on 4th August 2008 by Gordon Johnson in Uncategorized

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Date: 8/2/2008 5:51 PM

SHEBOYGAN, Wis. (AP) _ A drunken driver led deputies on a high-speed chase Saturday before barging through a parade route and injuring a total of four people, none seriously, authorities said.

The injured included two women and a 6-year-old boy. Parade bystanders were holding the 24-year-old driver on the ground when deputies arrived, said Sheboygan County Sheriff’s Capt. David Adams.

Deputies received a call Saturday morning reporting an erratic driver on Interstate 43, Adams said.

The man headed into Sheboygan, a city on Lake Michigan between Green Bay and Milwaukee, at speeds as high as 80 mph.

His car hit a police captain in the leg before jumping a curb and careering into the route of a parade that was part of an annual bratwurst celebration. The captain was treated and released.

The suspect has not been charged.

Copyright 2008 The Associated Press.

Study: To sleep better, perchance to live longer

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Posted on 2nd August 2008 by Gordon Johnson in Uncategorized

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The below story with respect to sleep and fatigue is an ongoing issue in our practice. Fatigue can be as significant of a contributor to motor vehicle wrecks as alcohol, with its symptoms being comparable and overlapping. See our treatment of fatigue and sleep at http://semi-accident.com/fatigue.html

In a case we settled in Milwaukee County for $2.9 million, the defendant driver had not only been working for 15 hours prior to the wreck, he was also someone who suffered from a sleep disorder. Clearly, even in situations where the Federal trucker regulations don’t apply, sleep can contribute to an accident and employers must monitor such hours of service of their employees carefully.

Attorney Gordon Johnson
http://wis-injury.com
http://semi-accident.com
http://wis-law.com
http://gordonjohnson.com

Date: 8/1/2008 5:50 PM

By RANDOLPH E. SCHMID
AP Science Writer

WASHINGTON (AP) _ Shakespeare once called sleep the “balm of hurt minds.” Bodies, too, apparently. People with the severe form of apnea, which interferes with sleep, are several times more likely to die from any cause than are folks without the disorder, researchers report in Friday’s edition of the journal Sleep.

The findings in the 18-year study confirm smaller studies that have indicated an increased risk of death for people with apnea, also known as sleep-disordered breathing.

“This is not a condition that kills you acutely. It is a condition that erodes your health over time,” Dr. Michael J. Twery, director of the National Center on Sleep Disorders Research, said in a telephone interview.

People with such disorders “have been sleep deprived for perhaps very long periods of time, they are struggling to sleep. If this is happening night after night, week after week, on top of all our other schedules, this is a dangerous recipe,” said Twery, whose center is part of the National Heart, Lung and Blood Institute.

The institute estimates that 12 million to 18 million people in the U.S. have moderate to severe apnea. The condition is not always detected because the sufferer is asleep when the problem occurs and it cannot be diagnosed during a routine office visit with a doctor. Researchers tested the patients for sleep-disordered breathing in the laboratory and then followed them over several years.

For people with apnea, their upper airway becomes narrowed or blocked periodically during sleep. That keeps air from reaching the lungs. In some cases, breathing stops for seconds to a minute or so; the pauses in breathing disrupt sleep and prevent adequate amounts of oxygen from entering the bloodstream.

“When you stop breathing in your sleep you don’t know it, it doesn’t typically wake you up,” Twery said. Instead, it can move a person from deep sleep to light sleep, when breathing resumes. But the overall sleep pattern is disturbed, and it can happen hundreds of times a night.

He said that a person typically will have four or five cycles per night of light sleep, deep sleep and REM (rapid eye movement) sleep, when most dreams occur. More deep sleep comes early in the night with more REM sleep closer to waking up. This pattern helps control hormones, metabolism and levels of stress.

The institute, part of the National Institutes of Health, says apnea has been linked to a greater risk of heart disease, high blood pressure, stroke, diabetes and excessive daytime sleepiness.

In the new report, the Wisconsin Sleep Cohort followed 1,522 men and women, ages 30 to 60. The annual death rate was 2.85 per 1,000 people per year for people without sleep apnea.

People with mild and moderate apnea had death rates of 5.54 and 5.42 per 1,000, respectively, and people with severe apnea had a rate of 14.6, researchers said.

Cardiovascular mortality accounted for 26 percent of all deaths among people without apnea and 42 percent of the deaths among people with severe apnea, according to the researchers led by Terry Young of the University of Wisconsin, Madison.

In the same issue of the journal Sleep, a separate study of 380 adults between 40 and 65 in Australia came to a similar conclusion. This study found that after 14 years, about 33 percent of participants with moderate to severe sleep apnea had died, compared with 6.5 percent of people with mild apnea and 7.7 percent of people without apnea.

“Our findings, along with those from the Wisconsin Cohort, remove any reasonable doubt that sleep apnea is a fatal disease,” said lead author Dr. Nathaniel Marshall of the Woolcock Institute of Medical Research in Sydney, Australia.

Apnea often is treated with a device that delivers continuous positive airway pressure through a mask over the nose and/or mouth. The U.S. study found that patients using this device had reduced death rates.

There has been debate over whether to use airway pressure to treat patients who are not sleepy in the daytime, the report noted.

The U.S. researchers noted that while theirs was a large study, 95 percent of the participants were white and most had adequate income and access to health care.

“It is likely that our findings may underestimate the mortality risk of SDB in other ethnic groups or the lowest socio-economic strata where there is poor awareness and access to health care,” they said.

The U.S. research was supported by the National Institutes of Health. The Australian study was supported by the Australian National Health and Medical Research Council.

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On the Net:

Sleep: http://www.journalsleep.org

NIH: http://www.nih.gov

Copyright 2008 The Associated Press.

Gunman opens fire on swimmers in Wisconsin; 3 dead

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Posted on 1st August 2008 by Gordon Johnson in Uncategorized

Date: 8/1/2008 8:47 AM

NIAGARA, Wis. (AP) _ A man wearing camouflage clothing and carrying an assault rifle walked out of the woods and shot four young people who had gathered at a river to go swimming, killing three of them and wounding one.

More than 100 law enforcement officers from at least 10 agencies searched Friday for the gunman, a middle-age man who was last seen near the town of Niagara, across the state line from Michigan’s Upper Peninsula.

Officers set up roadblocks and evacuated an unknown number of homes.

The victims had gathered near a railroad bridge on the Menominee River when the gunman came out of the woods and opened fire about 5:30 p.m. Thursday, according to Sheriff Jim Kanikula.

Two of the bodies had not been removed from the scene Friday because of a fear that the shooter was still in the area, the sheriff said.

The dead were identified as Tiffany Pohlson, 17; Anthony Spigarelli, 18; and Bryan Mort, 19. A fourth victim, 20-year-old Daniel Louis Gordon, was wounded.

Niagara is about 210 miles north of Milwaukee.

Copyright 2008 The Associated Press.