Legal Opinion

State Ex Rel. Kalal v. Circuit Court for Dane County

Wisconsin Supreme Court

Decided May 25, 2004No. 02-2490-WPublishedCited by 1,348 opinions

1Opinion of the CourtDiane S. Sykes, J.

¶ 1. In Wisconsin, the district attorney is primarily responsible for the decision whether to charge a person with a crime. Wisconsin Stat. § 968.02(1) states the general rule: "[e]xcept as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a district attorney of the county where the crime is alleged to have been committed."

¶ 2. There are exceptions to this rule, however, and this case arises from one of them. Subsection (3) of Wis. Stat. § 968.02 provides that ”[i]f a district attorney refuses or is unavailable to issue a complaint, a…

2Cases cited32 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Bordenkircher v. HayesSupreme Court of the United States · 1978
  3. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  4. Ball v. District No. 4, Area BoardWisconsin Supreme Court · 1984
  5. Seider v. O'CONNELLWisconsin Supreme Court · 2000

27 more not listed; retrieve them via the Exa API.

3Cited by1,348 opinions

  1. Richards v. Badger Mutual InsuranceWisconsin Supreme Court · 2008
  2. Milwaukee Police Ass'n v. FlynnCourt of Appeals for the Seventh Circuit · 2017
  3. Tetra Tech EC, Inc. v. Wisconsin Department of RevenueWisconsin Supreme Court · 2018
  4. County of Dane v. Labor & Industry Review CommissionWisconsin Supreme Court · 2009
  5. Burbank Grease Services, LLC v. SokolowskiWisconsin Supreme Court · 2006

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