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

State v. Jordan A. Denk, 2008 WI 130, on certification
For Denk: Lora B. Cerone, SPD, Madison Appellate

Issue/Holding:

¶29      When we accept certification from the court of appeals, we acquire jurisdiction of the entire appeal. We thus consider all issues raised before the court of appeals. See Wis. Stat. §§ 808.05(2) and (Rule) 809.61; State v. Stoehr, 134 Wis.  2d 66, 70, 396 N.W.2d 177 (1986). This case presents two separate questions of constitutional fact, which we address in turn.

The certification raised but one issue (search & seizure); the supreme court’s grant of review thus conferred authority to reach the entirely separate issue (plea-withdrawal) raised in the court of appeals even though not formally part of (indeed, not so much as mentioned by) the certification request.

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