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Appellate Procedure: Finality of Order – Refusal to Bind Over

State v. Romero D. Wilson, 2000 WI App 114, 235 Wis.2d 177, 612 N.W.2d 368
For Wilson: Steven P. Weiss, SPD, Madison Appellate

Issue: Whether an order dismissing a complaint, on refusal to bind over at preliminary hearing, is final and therefore appealable by the state.
Holding: An order dismissing a complaint is a final order, appealable by the state as of right (reaffirming State v. Fry, 129 Wis. 2d 301, 304, 385 N.W.2d 196 (Ct. App. 1985); subsequent amendment to the state’s appeal statute, § 974.05(1)(a) deemed a mere effort “to simplify” that statute). Outside of double jeopardy circumstances, the state may appeal any adverse final order or judgment, namely one that “terminates the entire matter in litigation.”

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