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#NellLaw - WBAY News with Legal Expert, Attorney Tricia Nell

#NellLaw-Zellner files 1200 page Motion in Manitowoc Circuit Court requesting a New Trial for Avery. Watch Emily Matesic and I walk through the details on WBAY Action 2 News at 5:00 and 6:00, June 8, 2017.

Click Here to Watch the WBAY News Clip

Breaking News on Avery Case

#NellLaw - Zellner files 1200 page Motion in Manitowoc Circuit Court requesting a New Trial for Avery. Watch Emily Matesic and I walk through the details on WBAY Action 2 News at 5:00 and 6:00 on June 8, 2017.

WI Finance Committee approves eliminating child work permits - #NellLaw

As most residents understand, Wisconsin requires all minors to obtain a parent authorized work permit before acquiring employment.  Do they also understand that Wisconsin is just one of only 15 states that maintain this requirement for residents under the age of 18?

This road block for some may soon be eliminated, as Republican lawmakers move to strike the requirement for all 16-17 year olds in the state. 

While some share concerns of the bill causing problems with children getting jobs on their own, IE., “leading to human trafficking”, others claim erasing the requirement would open the door for young adults who are currently unable to get parental consent for work, and stable networks that go along with employment.

The author of Bill AB 25, Rep. Amy Loudenbeck, claims the bill would "eliminate a layer of government bureaucracy and streamline the employment process for Wisconsin teens”.  

Further, WCLO states that,

"The bill does not modify current state and federal laws related to hours and times of day a minor may work, and restricted or prohibited employment for minors are not being changed.” 

As reported by AP Wire Service, Democrats state that,

“a Legislative Fiscal Bureau analysis shows state and local governments would lose $730,000 in revenue by doing away with permits for 16- and 17-year-olds...

Local governments collect $2.50 from each permit fee. The state uses the remaining money to fund six positions in the Department of Workforce Development that enforce child labor laws.”

All said, we wonder if the law is a benefit to the young adults of our state, or a beaurocratic money maker in place to fund the same.  What's your take?

Ken Kratz releases his book! #NellLaw Breaking News

Ken Kratz releases his book!  #NellLaw Breaking News

#NellLaw Legal News-Ken Kratz releases his book, "Avery; The Case Against Steven Avery and What "Making a Murderer" Gets Wrong". It is an easy read and certainly outlines how biased the Netflix series was. It describes to the public evidence that convicted Avery, as well as, some surprises that I was not even aware of during the trial. Keep in mind, the producers of "Making a Murderer" rented an apartment in Calumet County for the duration of the trial and became close with the Avery family and the defense team, with the intention of making a film.

The obvious intent of the film was to show injustices of a system through the story of a man wrongfully accused of a violent crime in a small town, who was later released. A murder occurs in that same community, and Avery is again at the center of an investigation with all evidence pointing at him.

The producers of "Making a Murderer" first attempted to sell the film to HBO, but were refused. They turned the film into a documentary and, almost ten (10) years later, sold it to Netflix where people saw a one sided view which would have made anyone think Avery was innocent. It did not include all of the admissible evidence that convicted Avery in a Court of Law. Before taking an emotional stance on this case, whether you think law enforcement did or didn't act appropriately, please read Ken Kratz's book. It outlines the EVIDENCE that was admissible and how the Court of Law and a jury came back with a verdict of guilty. (I am only referring to Avery's case in this matter, NOT Brendan Dassey's).

Walker to Sign Bills Granting Millions of $$$ for Narcan in Schools

Walker to Sign 3 Drug Drug Bills Equaling Millions of Dollars to Assist with the Opiate and Heroin Epidemic


WHY?  Large heroin and methamphetamine rings are still on the rise and are targeting our teens and young adults.  Recent arrests from a large heroin investigation in Fond du lac County came to fruition, as well as, federal charges in a meth trafficking operation in Fox Valley were announced last week.

WHAT?    11 Bills on the table. Here are the highlights:

1.  $2.4 million for treatment and diversion programs, such as drug courts.

2.  Personnel at schools (possibly colleges and tech schools) would be able to administer Narcan, a drug used to reverse overdoses (it would be a nasal mist not admistered by needle).

3.  $840,000.00 to add 4 (four) Department of Justice Agents to target drug traffickers across the state.

Finally, the State Senate did approve a bill granting legal immunity for drug possession to people overdosing on heroine.

Senator Nygren is a large supporter of these bills, as he has a family member who has suffered from the heroin epidemic.



Prisoner Funds Withheld?? #NellLaw

(Photo: Getty Images/iStockphoto)

"Wisconsin inmates seek John Doe probe into money withheld from prisoner accounts."  Full Journal Sentinel Story Here

Victims of crime deserve to be paid restitution, and WI changed the law to deduct 50% of any inmate's money for such (it was 20% and the money can be from a job in prison or money being sent from loved ones). To withhold all of an inmate's money for fines that were already paid or restitution paid in full years ago, thereby taking away any ability for that inmate to purchase items such as hygiene products or envelopes and stamps, is unfounded.

These are small privileges that help prisoners have something to look forward to on a day-to-day basis. Yes, most of the individuals are in prison for a reason and believe me, they are being punished. But, taking away the only privileges they get is not good for morale, which effects everyone at the prisons at all levels, including the correctional officers whose safety can be at issue when inmates are left without anything to look forward to, which can cause anger or depression (without even the little things, like the ability to write to loved ones-their only light to the outside world).



Happy Presidents' Day from #NellLaw

Presidents' Day 2017

Happy Presidents' Day from Tricia Nell Law Office #NellLaw

The day commemorates past presidents of the United States. George Washington's birthday is sometimes known as Presidents' Day, while some states pay attention to Abraham Lincoln, as his birthday was also in mid-February. In the weeks or days leading up to the holiday, schools often organize events and lessons for students about the Presidents of the United States and George Washington in particular. It is also a popular day for stores to start their sales.  All post offices and federal offices of any kind will be closed for the holiday, which means that no businesses nor homes will get mail. This also counts out USPS packages. According to USPS, because it is a federal holiday, all federal offices are closed. However, all federal workers are still paid for the day.

Washington's Birthday was first celebrated as a holiday in the District of Columbia in 1880. It was made a federal holiday in 1885. The holiday was originally held on the anniversary of George Washington's birth, on February 22. In 1971, this holiday was moved to the third Monday in February.

We at Tricia Nell Law Office, S.C. wish you a very Happy Presidents' Day!

Attorney General Jeff Sessions Confirmed ~#NellLaw Breaking News~

Who is our new Attorney General, and what does the role mean to you?  In breaking news this evening, Jefferson Beauregard "Jeff" Sessions III was confirmed our next United States Attorney General (A.G.) with a vote of 52 to 47.

In nearly all United States jurisdictions, the Attorney General is the chief law enforcement officer of that jurisdiction, and as such may also be considered a police rank. The United States Attorney General reports directly to the President, and therefore acts as the head of the U.S. Justice Department, Federal Bureau of Investigations, and chief law officer of the federal government.

According to Wikipedia,

"The role as acting A.G. has been held by Dana J. Boente, who assumed the office on January 30, 2017 after the firing of acting Attorney General Sally Yates. The attorney general serves as a member of the Cabinet of the President of the United States and is the only cabinet officer who does not have the title of secretary.

The Attorney General is appointed by the President and takes office after confirmation by the United States Senate. He or she serves at the pleasure of the president and can be removed by the president at any time; the attorney general is also subject to impeachment by the House of Representatives and trial in the Senate for "treason, bribery, and other high crimes and misdemeanors”.

The office of Attorney General was established by Congress by the Judiciary Act of 1789. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his or her advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments." In 1870, the Department of Justice was established to support the attorney general in the discharge of their responsibilities. The Attorney General, the Secretary of State, the Secretary of the Treasury, and the Secretary of Defense are generally regarded as the four most important cabinet officials because of the importance of their departments."

While there is no lack of media coverage regarding Sessions’ alleged racial insensitivity, a lesser reported issue appears to be relating to his strong anti-legalization viewpoints.  According to a recent article in Politico Magazine, Jeff Sessions is reported to have said in April,

“Good people don't smoke marijuana,” and that it was a "very real danger" that is “not the kind of thing that ought to be legalized..."

"Sessions, who turns 70 on Christmas Eve, has called marijuana reform a "tragic mistake" and criticized FBI Director James Comey and Attorneys General Eric Holder and Loretta Lynch for not vigorously enforcing a the federal prohibition that President Obama has called “untenable over the long term.”

This should be very concerning to those who are pro-legalization, live in legalized states, or even wish for lighter punishments for non-violent crimes such as possession of Marijuana. The article goes on to explain,

"Sessions has not shared his plans on marijuana enforcement, but if he chooses, he will be able to act decisively and quickly—more so perhaps than with any other of his top agenda items such as re-doubling efforts to combat illegal immigration and relaxing oversight of local police forces and federal civil rights laws. With little more than the stroke of his own pen, the new attorney general will be able to arrest growers, retailers and users, defying the will of more than half the nation’s voters, including those in his own state where legislators approved the use of CBD. Aggressive enforcement could cause chaos in a $6.7 billion industry that is already attracting major investment from Wall Street hedge funds and expected to hit $21.8 billion by 2020."

Wisconsin's Police Department's Current "Use of Force" Policies


Unfortunately, it is becoming common to turn on the news nightly and hear about another police shooting whether it be the alleged suspect or the police officer shot to death or killed by deadly force!  And, then comes the families of the deceased and the communities fueled in upheavals on how they continue to lose loved ones. The fact is the country as a whole is divided and many solutions are being attempted daily to bring us together as a team against crime; not each other.  The mistrust, the accusations, the investigations, the riots, the funerals; we may as well be worlds apart.

Is there any solution?  What about universally mandating a set of standard policies applied during a "use of force" matter?  Requiring every case to be handled the same and enhancing training for the police force on the when the "use of deadly force" is proper to be utilized, as well as, first applying a deescalating method under certain circumstances rather than immediately applying deadly force?  It is a starting point!  A lawmaker in Madison is working on two bills that would mandate those issues for Wisconsin Police Departments.  In fact, one of the bills would require all departments' use of force policies to include five, general goals: the primary duty of officers is to preserve life; deadly force can only be used as a last resort; do not exceed the threat posed to an officer or the public; use de-escalation techniques unless impossible to do so; and officers must take action to intervene if another officer is using excessive force.

Some police departments are taking offense to these bills stating that they already follow these standards and adhere to training which is more than likely the case, but having it made a law and universally applied to all police departments in Wisconsin makes it clear and has a chance to de-escalate the vibe on the streets that people are not being treated equally which will also keep our officers safe and build trust.  Seems like a win-win!