State v. Kenyon

1978

Court: WI Supreme Court

Facts: Kenyon damages some motorcycles.

Posture: Charged, then the charges were dismissed without prejudice. The motion was denied, because the defendant had already incurred significant expense coming from TX to WI for trial, and it looked like there'd be another round of the same thing. Lots of complaints and amendments back and forty.

Issue: Was it error to deny the motion to dismiss the complaint without prejudice? The motion to dismiss the complaint after it was amended to a misdemeanor? The motion to dismiss the second felony complaint?

Holding: We don't have the entire opinion, but it looks like the trial court erred in the denials.

Rule: The court can deny motions to dismiss, if they are against the public interest. This finding is subject to review.

Reasoning: The court never really says why its decisions are in the public interest, and that's an error.

Dicta: