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Appellate Procedure – Standard of Review, Generally

State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555
For Brown: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding:

¶7. … The three standards of appellate review of circuit court decisions have been stated numerous times, although case law has articulated sub-principles and different ways of stating the standards of review: (1) A reviewing court will not overturn findings of fact unless clearly erroneous. (2) A reviewing court will sustain a discretionary decision that is the product of a rational mental process by which the facts of record and law relied upon are stated and are considered together for the purpose of achieving a reasoned and reasonable determination. (3) A reviewing court will decide questions of law independently of the circuit court but benefiting from its analysis.

Cases discussing basic review-principles are legion, of course. E.g., State v. Iran D. Evans, 2004 WI 84, ¶¶19-20.

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