Court: |
WI Supreme Court |
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Facts: |
Kenyon damages some motorcycles. |
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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. |
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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? |
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Holding: |
We don't have the entire opinion, but it looks like the trial court
erred in the denials. |
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Rule: |
The court can deny motions to dismiss, if they are against the
public interest. This finding is subject to review. |
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Reasoning: |
The court never really says why its decisions are in the public
interest, and that's an error. |
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Dicta: |
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