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Waiver of Issue: Failure to Raise in PFR

State v. Jene R. Bodoh, 226 Wis.2d 718, 595 N.W.2d 330 (1999), affirming 220 Wis.2d 102, 582 N.W.2d 440 (Ct. App. 1998)
For Bodoh: Michael D. Mandelman.

Issue/Holding: Failure to raise an issue in the petition for review waives the right to argue it, though the court may nonetheless reach the merits under certain circumstances:

¶37 We decline to address this issue. Bodoh did not raise this issue in his petition for review. When this court grants a petition for review, “the petitioner cannot raise or argue issues not set forth in the petition unless ordered otherwise by the supreme court.” Wis. Stat. § (Rule) 809.62(6). This court did not order Bodoh to address any issues not raised in his petition. His petition was granted only on the issues he raised which have been addressed above.¶38 “It is the often-repeated rule in this State that issues not raised or considered in the trial court will not be considered for the first time on appeal.” Wirth v. Ehly, 93 Wis. 2d 433, 443, 287 N.W.2d 140 (1980) (citations omitted). An exception to this rule is usually made only when the new issue raised is a question of law, the parties have thoroughly briefed the issue, and there are no disputed issues of fact regarding the new issue. Id. at 444.

 

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