Legal Opinion

State v. Aufderhaar

Court of Appeals of Wisconsin

Decided October 6, 2004No. 03-2820-CRPublishedCited by 1 opinion

1Opinion of the CourtBrown, J.

¶ 1. The major holding here is that when this court accepts an interlocutory appeal, the appellant is limited to briefing only those issues presented in the petition for leave to appeal and may not raise additional issues without the prior consent of the court. In this case, Henry W. Aufderhaar raises five issues on appeal, two of which were not presented in his petition. We refuse to address them because interlocutory appeals are disfavored and when we do take them, it is to address a specific issue or issues that need resolution prior to finality. As to the three issues we do consider, we…

2Cases cited12 opinions

  1. In RE MARRIAGE OF COOK v. CookWisconsin Supreme Court · 1997
  2. State v. SmithWisconsin Supreme Court · 1986
  3. State Ex Rel. Flores v. StateWisconsin Supreme Court · 1994
  4. West v. WestWisconsin Supreme Court · 1978
  5. State Ex Rel. A. E. v. Circuit Court for Green Lake CountyWisconsin Supreme Court · 1980

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3Cited by1 opinion

  1. State v. AufderhaarWisconsin Supreme Court · 2005

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