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Jurisdiction
By: Derek Hawkins//June 5, 2019//
Listen to this articleWI Court of Appeals – District II
Case Name: State of Wisconsin v. Sean R. Wolfe, et al.
Case No.: 2018AP2268-CR; 2018AP2405-CR
Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.
Focus: Jurisdiction
These consolidated appeals require us to address our appellate jurisdiction in the context of postconviction criminal proceedings and a defendant’s first appeal as of right under WIS. STAT. § 974.02 (2017-18) and WIS. STAT. RULE 809.30. We hold that under established principles of finality, when a circuit court denies a RULE 809.30 postconviction motion in part and grants the motion in part such that further proceedings are required, an appeal cannot be taken until those further proceedings are completed. Because the judgments of conviction and the circuit court orders from which these appeals are taken do not dispose of the entire matter in litigation between the parties, we lack jurisdiction. These appeals are dismissed.
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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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