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1. Finality of order

State v. Sean R. Wolfe, 2018AP2268-CR and State v. Donald Ray Ward, 2018AP2405-CR, 5/1/19, District 2 (per curiam but recommended for publication); case activity here and here . ¶1  We hold that under established principles of finality, when a circuit court denies a RULE 809.30 postconviction motion in part and grants the motion in part such… Read More

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Question presented: What are the jurisdictional prerequisites for appealing a deferred restitution award made during the pendency of a timely appeal of a criminal judgment imposing sentence, a question left open by the Court’s decision in Dolan v. United States, 560 U.S. 605 (2010)? Lower court opinion: United States v. Manrique, 618 Fed. App’x 579 (11th… Read More

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on review of summary order of court of appeals; for Mable K.: Brian C. Findley; case activity TPR – Final Order – Appellate Standing  Issues (from Petition for Review):  I.        When a trial court grants partial relief on remand in a Termination of Parental Rights appeal, is further appeal precluded by the ordinary… Read More

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Appellate Jurisdiction – Final Order

Admiral Insurance Company v. Paper Converting Machine Co., 2012 WI 30; case activity ¶3   If we conclude that there is any ambiguity in an order or judgment about whether it disposes of the entire matter in litigation as to one or more of the parties, we will construe the ambiguity so as to preserve the right… Read More

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Village of McFarland v. Jennifer M. Zetzman, 2012 WI App 49 (recommended for publication); case activity Appeal to the court of appeals of a municipal ordinance or traffic forfeiture disposition may be based on the circuit court docket entries instead of a written final order, whether the case originated in municipal or circuit court: ¶2        In… Read More

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order denying motion for reconsideration of in: State v. Dimitri Henley, 2011 WI 67; for Henley: Keith A. Findley; case activity; additional history: 2010 WI 12 (memorandum decision, Roggensack, J.); court order (5/24/10) Henley’s motion to reconsider, though directed formally to the decision reversing grant of new trial, as a practical matter is directed to reconsideration… Read More

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Evelyn Werner v. Kenneth Hendree, 2011 WI 10, reversing 2009 WI App 103; case activity Appellate Procedure – Finality and Appealability A circuit court order rejecting state indemnification of an employee being sued was non-final and thus absorbed in the final judgment later entered as to liability and damages. ¶62  An appeal may be taken… Read More

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State v. Elizabeth A. White, 2008 WI App 96 For White: T Christopher Kelly Issue/Holding: Jurisdiction attaches to state’s appeal from denial of reconsideration of an oral ruling dismissing a count, ¶7 n. 5: The State appeals from the written order denying the motion for reconsideration. White, citing Ver Hagen v. Gibbons, 55 Wis. 2d… Read More

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