Legal Opinion
State v. Braunsdorf
Court of Appeals of Wisconsin
Decided October 26, 1979No. 79-095-CRPublishedCited by 7 opinions
1Opinion of the CourtFoley, J.
The state appeals from an order dismissing with prejudice a charge of welfare fraud brought against Braunsdorf. The court dismissed the charge because the district attorney was not ready to proceed on the day of trial. Because we conclude that Wisconsin courts do not have the power to dismiss a criminal complaint with prejudice before jeopardy has attached unless a constitutional right has been violated, we modify the order to a dismissal without prejudice.
Powers of the court can be inherent or can be derived from the common law or from a statute. For a power to be inherent, it must be…
2Cases cited13 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- State v. KenyonWisconsin Supreme Court · 1978
- State Ex Rel. Haskins v. County Court of DodgeWisconsin Supreme Court · 1974
- State v. HunterCourt of Special Appeals of Maryland · 1970
- Ex Parte AltmanDistrict Court, S.D. California · 1940
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3Cited by7 opinions
- State v. BraunsdorfWisconsin Supreme Court · 1980
- Estate of Boyle v. Wickhem, Buell, Meier, Wickem & Southworth, S.C.Court of Appeals of Wisconsin · 1986
- State v. JohnstonCourt of Appeals of Wisconsin · 1986
- State v. DavisCourt of Appeals of Wisconsin · 2001
- Opinion No. Oag 27-81, (1981), Wisconsin Attorney General Reports1981
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