Follow Us

Facebooktwitterrss
≡ Menu

8. Reconsideration

State v. Jermaine Smith, 2009 WI App 104 Pro se Issue/Holding: ¶1        Jermaine Smith appeals from an order denying his “motion to amend his Judgment of Conviction to reflect his common law spiritual name,” which he states is “Marcolo Von Capoeira.” Because Smith’s motion fails to provide any support for his assertion that he used… Read More

{ 0 comments }

Motion to Reconsider – Basis, Generally

State v. Elizabeth A. White, 2008 WI App 96 For White: T Christopher Kelly Issue/Holding: ¶8        To prevail on a motion for reconsideration, a party must either present newly discovered evidence or establish a manifest error of law or fact. Koepsell’s Olde Popcorn Wagons, Inc. v. Koepsell’s Festival Popcorn Wagons, Ltd., 2004 WI App 129, ¶44… Read More

{ 0 comments }

State v. Shawn D. Schulpius, 2004 WI App 39, PFR granted 4/20/04 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Pendency of appeal doesn’t prevent trial court from hearing motion to reconsider, ¶33, n. 8: Second, Schulpius argues that the trial court did not have jurisdiction to grant on November 29, 2000, the State’s motion for reconsideration because… Read More

{ 0 comments }

State v. Larry G. Edwards, 2003 WI 68, reversing unpublished summary order of court of appeals For Edwards: Martha K. Askins, SPD, Madison Appellate Issue: Whether, after the trial court dismissed a criminal case due to violation of intrastate detainer act time limits, the state’s motion for reconsideration was supported by a “new issue,” namely whether the dismissal… Read More

{ 0 comments }

State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02 For Brockett: Hans P. Koesser Issue/Hearing: The trial court has inherent authority to vacate or modify an order (including, as in this instance, on state’s motion). ¶¶13-15… Read More

{ 0 comments }

State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126, PFR filed 5/31/01 For defendants: Robert R. Henak Issue: Whether a motion to reconsider injected sufficiently new issues into the case so as to require a separate notice of appeal to make the order denying… Read More

{ 0 comments }