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F. Interlocutory Appeal

Estate of Robert C. Parker v. Beverly Enterprises, Inc., 2010 WI 71 The supreme court is empowered to review denial of a petition for leave to appeal non-final order by the court of appeals. ¶45 The language of our case law is strong. We have stated that “[w]here the court of appeals denies permission to… Read More

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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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Interlocutory Appeal — Double Jeopardy Issue

State v. Barbara E. Harp, 2005 WI App 250 For Harp: Aaron N. Halstead, Kathleen Meter Lounsbury, Danielle L. Carne Issue/Holding: ¶1, n. 3: We grant Harp’s petition because the mistrial order implicates her right against double jeopardy. “Given the serious constitutional questions raised by claims of double jeopardy, review of such orders will often… Read More

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State v. Henry W. Aufderhaar, 2004 WI App 208, PFR filed 11/16/04 For Aufderhaar: J. Paul Neumeier Jr.; Raymond E. Krek Issue/Holding: ¶1 The major holding here is that when this court accepts an interlocutory appeal, the appellant is limited to briefing only those issues presented in the petition for leave to appeal and may… Read More

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Interlocutory Appeal – Timeliness

State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, State v. Polashek, 2001 WI App 130, 246 Wis. 2d For Polashek: Nila Jean Robinson Issue: Whether the state’s petition for leave to appeal a non-final order was timely, where the order was issued “nunc pro tunc” in reference to… Read More

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State ex rel Thomas Hass v. Wisconsin Court of Appeals, 2001 WI 128 Issue/Holding: ¶10. The issue presented in this case is whether this court should exercise its constitutional superintending and administrative authority to direct the court of appeals to accept all petitions for interlocutory appeal where the circuit court has denied a claim that… Read More

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State v. Eric D. Gillespie, 2001 WI App 35, PFR filed 2/1/05 For Gillespie: John Anthony Ward Issue: Whether, following bindover by court commissioner under § 757.69(1)(b), a defendant may obtain a “preliminary hearing de novo” (i.e., a second preliminary hearing) in circuit court under § 757.69(8). Holding: ¶7 The State contends that WIS. STAT… Read More

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State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11 For Williams: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court erroneously refused to accept an “Alford” plea under its express policy of never accepting one. Holding: ¶8  Even if we were to determine that the trial court… Read More

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