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Wisconsin Statutes Criminal Procedure (Ch. 967 to 980) § 974.05. State's appeal

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Within the time period specified by s. 808.04(4) and in the manner provided for civil appeals under chs. 808 and 809, an appeal may be taken by the state from any:

(a) Final order or judgment adverse to the state, whether following a trial or a plea of guilty or no contest, if the appeal would not be prohibited by constitutional protections against double jeopardy.

(b) Order granting postconviction relief under s. 974.02, 974.06, or 974.07.

(c) Judgment and sentence or order of probation not authorized by law.

(d) Order or judgment the substantive effect of which results in:

1. Quashing an arrest warrant;

2. Suppressing evidence; or

3. Suppressing a confession or admission.

(2) If the defendant appeals or prosecutes a writ of error, the state may move to review rulings of which it complains, as provided by s. 809.10(2)(b).

(3) Permission of the trial court is not required for the state to appeal, but the district attorney shall serve notice of such appeal or of the procurement of a writ of error upon the defendant or the defendant's attorney.

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Cite this article: FindLaw.com - Wisconsin Statutes Criminal Procedure (Ch. 967 to 980) § 974.05. State's appeal - last updated January 01, 2025 | https://codes.findlaw.com/wi/criminal-procedure-ch-967-to-980/wi-st-974-05/

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