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Appellate Procedure – Supreme Court Review, Scope – Certification: Authority to Reach All Issues Raised Below

Robert Zellner v. Herrick, et al., 2009 WI 80, on certification

Issue/Holding:

¶3        …  In this court’s standard order accepting the certification, we stated that “the appeal is accepted for consideration of all issues raised before the court of appeals.” See State v. Stoehr, 134 Wis. 2d 66, 70, 396 N.W.2d 177 (1986) (“When this court grants direct review upon certification, it acquires jurisdiction of the appeal, which includes all issues, not merely the issues certified or the issue for which the court accepts the certification.” (citing Wis. Stat. § 808.05(2) (1983-84))).

The court indeed resolves the appeal on a ground not raised by the certification (timeliness of the notice of appeal).

 

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