State v. Rabe

I concur with the result but disagree with the majority’s holding that the order appealed from is not final within sec. 974.05(1), Stats. I disagree with the majority’s holding that the state is authorized to seek an appeal of a nonfinal order not enumerated in sec. 974.05. I also disagree with the dictum stating that the defendant may seek a permissive appeal of a nonfinal order in a criminal case.

Both logic and precedent support the state’s contention that the finality of orders sought to be reviewed under sec. 974.05, Stats., should be tested by a standard different from the definition of…