Wisconsin Statutes
Wis. Stat. § 251.09 (2026)
Joint services
✓ laws through the 2025-26 session (checked Sept. 2026)
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
Notes of Decisions
Cited in 401
cases, 1926–2015 · leading case: Virgil v. State, 267 N.W.2d 852 (Wis. 1978).
Virgil v. State, 267 N.W.2d 852 (Wis. 1978). “I further agree that this is not a conviction that should be reversed under sec. 251.09, Stats., in the interest of justice because it is not probable a retrial will being a different result.”
State v. Avery, 2013 WI 13, 826 N.W.2d 60. “In an appeal in the supreme court, if it appears from the record that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried, the court may reverse the judgment or order appealed from, regardless of whether the proper…”
Day v. State, 284 N.W.2d 666 (Wis. 1979). “Whether the defendant is entitled to a new trial in the interests of justice under sec. 251.09, Stats. (renumbered sec. 751.”
State v. Wyss, 370 N.W.2d 745 (Wis. 1985). “"As we contemplate this conclusion, we cannot escape the reflection that at times one's liberties are shielded by a curtain of the merest gauze. This evidence leaves the question of defendant's intent to defraud in the greatest doubt.”
Lorenz v. Wolff, 173 N.W.2d 129 (Wis. 1970). “Sec. 251.09, Stats., provides: "251.09 Discretionary reversal.”
State v. Tarrell, 247 N.W.2d 696 (Wis. 1976). “The defendant seeks a new trial pursuant to sec. 251.09, Stats., which gives this court the discretionary power to remand for a new trial if, for any reason, *661 justice has miscarried.”
McCleary v. State, 182 N.W.2d 512 (Wis. 1971). “Therein, the court specifically relied upon sec. 251.09, Stats., saying: "This court .”
State v. Corey R. Kucharski, 2015 WI 64, 866 N.W.2d 697. “724 (1934) ("Occasionally when such grave doubts exist in our minds regarding guilt of a defendant as to make us conscientiously believe that justice probably has miscarried, we exercise the au *693 thority specifically given to us by section 251.09 [subsequently renumbered as…”
Thompson v. Howe, 253 N.W.2d 59 (Wis. 1977). “Is the plaintiff entitled to a new trial in the interests of justice by order of this court pursuant to sec. 251.09, Stats.? 8. Was the defendants’ second motion for judgment on the verdict properly denied ? Order for New Trial The plaintiff, Thompson, filed two written motions…”
Huggett v. State, 266 N.W.2d 403 (Wis. 1978). “Accordingly we conclude that justice may have miscarried, and this case is one in which we should exercise our discretion under sec. 251.09, Stats.: *803 "251.09 Discretionary reversal.”
Fehrman v. Smirl, 121 N.W.2d 255 (Wis. 1963). “In addition to resolving these issues raised by plaintiffs, we have also considered whether this court should exercise its discretion under sec. 251.09, Stats., and grant a new trial in the interest of justice.”
Wisconsin's Env't Decade, Inc. v. Pub. Serv. Comm'n, 267 N.W.2d 609 (Wis. 1978). “In Monahan we held that this court cannot employ its discretionary power in the interest of justice (sec. 251.09, Stats.) to allow appellant to proceed with a petition to review, because the court cannot use sec.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.