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Home / Case Digests / 01-1295 State v. Brockett

01-1295 State v. Brockett

“While Wis. Stat. § 974.05 sets forth those rulings from which the State may appeal, there is nothing in the language of the statute prohibiting the trial court from hearing a motion to reconsider. As the State correctly points out, a trial court has inherent power to vacate or modify an order pursuant to Wis. Stat. § 807.03.3. …

“For the reasons stated above, we reject Brockett’s argument that the State’s only remedy was to appeal the trial court’s order. In doing so, we note that public policy favors the trial court’s reconsideration of a decision.

“Motions for reconsideration pending appeal serve an important function. First, a trial court’s reconsideration may obviate the necessity for an appeal. If so, the parties are not only spared unnecessary expense, but the interests of judicial economy are served as well. Second, even if an appeal is not avoided, a motion for reconsideration that challenges the trial court’s decision can hone its analysis, and thus assist appellate review.”

Judgment and order affirmed.

Recommended for publication in the official reports.

Dist II, Racine County, Flynn, J., Nettesheim, J.


For Appellant: Hans P. Koesser, Kenosha

For Respondent: Robert S. Flancher, Racine; Jeffrey J. Kassel, Madison

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