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1. Finality of order

State v. Gary J. Knapp, 2007 WI App 273 For Knapp: Cory C. Chirafisi Issue/Holding: Dismissal of an appeal as having been directed to a non-final order doesn’t in and of itself bar the court of appeals from deciding to grant leave to appeal, ¶7 n. 2: In its jurisdictional memoranda, the State asks us… Read More

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State v. Gary J. Knapp, 2007 WI App 273 For Knapp: Cory C. Chirafisi Issue/Holding: The State may not appeal as a matter of right from a successful collateral attack on a prior OWI conviction, reducing the pending charge from OWI-3rd to -2nd; instead, the State’s remedy is to seek leave to appeal a non-final order: ¶2     … Read More

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State v. Gary J. Knapp, 2007 WI App 273 For Knapp: Cory C. Chirafisi Issue/Holding: The State may not appeal as a matter of right from a successful collateral attack on a prior OWI conviction, reducing the pending charge from OWI-3rd to -2nd; instead, the State’s remedy is to seek leave to appeal a non-final… Read More

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State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Trial courts possess inherent authority to reconsider any non-final ruling prior to entry of final order or judgment, ¶13, citing State v. Bobby R. Williams, 2005 WI App 221, ¶17, 287 Wis. 2d 748… Read More

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Appellate Procedure: Finality of Order

State v. Shawn D. Schulpius, 2006 WI 1, affirming, 2004 WI App 39 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: An order granting the State’s motion to reconsider an SVP’s supervised release was final and appealable: ¶26      We disagree with Schulpius’s characterization of the November 2000 order. Even though the circuit court did not… Read More

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State v. Bobby R. Williams, 2005 WI App 221 For Williams: Richard D. Martin, SPD, Milwaukee Appellate Issue: Whether a postconviction motion granting plea-withdrawal is final, so as to trigger the 45-day deadline in § 974.05(1)(a) for State’s appeal. Holding:   ¶15 Wisconsin Stat. § 808.03 sets forth appeals as of right and appeals by… Read More

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Appellate Procedure: Finality of Order

Derek J. Harder v. Carol L. Pfitzinger, 2004 WI 102 Issue/Holding: ¶15. If there are no further documents in the circuit court’s file and all substantive issues have been decided for one or more parties in an order or a judgment, there is usually less confusion about whether the time for appeal has begun to… Read More

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State v. Denis L.R., 2004 WI App 51, affirmed on other grounds, 2005 WI 110 For Denis L.R.: Richard Hahn; Dwight D. Darrow Issue/Holding: ¶10, n. 3: Dawn originally commenced this appeal by filing a petition for leave to appeal a nonfinal order. However, we determined that the order was final because it concluded a… Read More

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