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Waiver of Issue: Dismissal Motion – Ruling Reserved Until After Defense Case

State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753
For Scott: Joseph E. Redding

Issue: Whether right to review of a motion to dismiss at the close of the state’s case waived by failing to object to the trial court’s delay in ruling until after the defense presents its case.

Holding: Although “the better practice is for trial courts to decide the motion at the close of the State’s case,” the defense does not waive its right of review of the motion if the trial court defers ruling until after the defense case, ¶¶9-10.

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