Narrative Opinion Summary
In this case, the Supreme Court of Wisconsin reviewed a petition by a defendant seeking bail pending appeal after being convicted of sexual assault and burglary, receiving concurrent sentences. The defendant's initial motions for a new trial and bail were denied by the trial court, and his subsequent appeal to the Court of Appeals was similarly rejected. The defendant then petitioned the Supreme Court, erroneously citing Rules 809.52 and 809.70, which do not apply to bail requests in the Supreme Court. The Supreme Court clarified that Rule 809.52 is limited to the Court of Appeals and emphasized the necessity of following procedural guidelines under Rule 809.62. The court noted that the September 13, 1978 order from the Court of Appeals constituted a final disposition, thus reviewable by the Supreme Court. Despite having the authority to review, the Supreme Court decided not to grant the petition for appeal, observing procedural missteps and determining the case unsuitable for discretionary review. The decision highlighted the steps required for bail motions pending appeal and underscored the importance of proper procedural adherence.
Legal Issues Addressed
Bail Pending Appeal under Wisconsin Statutessubscribe to see similar legal issues
Application: The Supreme Court of Wisconsin clarified that Rule 809.52 does not apply to petitions for bail in the Supreme Court context, and that petitions must be considered under Rule 809.62 regarding permission to appeal an adverse decision.
Reasoning: The opinion emphasized that Rule 809.52 pertains only to the Court of Appeals and does not extend to the Supreme Court context for bail requests.
Discretionary Review of Bail Denialssubscribe to see similar legal issues
Application: The court chose not to exercise its discretion to review the denial of bail from the Court of Appeals, finding the case unsuitable for granting the petition to appeal.
Reasoning: In this instance, while the court could have exercised discretion to review the denial of bail from the Court of Appeals, it determined that this particular case was not suitable for granting the petition to appeal, and an order denying the petition has been issued.
Finality of Court of Appeals Orderssubscribe to see similar legal issues
Application: The court determined that the Court of Appeals' order denying a permissive appeal of the bail decision constitutes a final disposition, thus reviewable by the Supreme Court under section 808.10 and Rule 809.62.
Reasoning: Therefore, it constitutes a final disposition and is reviewable by the Supreme Court under section 808.10 and Rule 809.62.
Procedural Requirements for Bail Motionssubscribe to see similar legal issues
Application: The opinion outlined the necessary procedural steps for seeking bail pending appeal, requiring a motion with the trial court, potential review by the Court of Appeals, and further review by petition to the Supreme Court if adverse.
Reasoning: Rule 809.31 outlines the procedure for a defendant seeking bail pending appeal, which includes: 1) filing a motion with the trial court, 2) review by the Court of Appeals upon granting permission to appeal, and 3) potential further review by this court through a petition following an adverse Court of Appeals decision.