Legal Opinion · Dissent

State Ex Rel. Unnamed Person No.1 v. State

Wisconsin Supreme Court

Decided May 1, 2003No. 01-3220-W, 02-0446-W and 02-0831-WPublished

1DissentDiane S. Sykes, J.

¶ 77. (dissenting). The Wisconsin Constitution confers two types of jurisdiction on the court of appeals: appellate, such as the legislature may provide by law; and supervisory, over actions and proceedings in the lower courts. Wis. Const, art. *697VII, § 5(3). The constitution specifically prohibits the court of appeals from exercising any original jurisdiction, except by prerogative writ, and further provides that the court may issue writs that are "necessary in aid of its jurisdiction." Id. This court has definitively declared this to mean that original writ proceedings in the court of appeals…

2Cases cited12 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. State v. DoeWisconsin Supreme Court · 1977
  3. State v. WashingtonWisconsin Supreme Court · 1978
  4. State v. CummingsWisconsin Supreme Court · 1996
  5. State Ex Rel. Jackson v. CoffeyWisconsin Supreme Court · 1963

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