Wisconsin Statutes

Wis. Stat. § 808.02 (2026)

Writ of error

✓ current as of July 2026
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808.02808.02Writ of error. A writ of error may be sought in the court of appeals.
808.02 HistoryHistory: 1977 c. 187.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1979–2022 · leading case: State v. Perry, 401 N.W.2d 748 (Wis. 1987).
State v. Perry, 401 N.W.2d 748 (Wis. 1987). · cites it 4× “" Section 808.02, Stats. Thus, the right of appeal to the court of appeals is constitutionally guaranteed in the State of Wisconsin.”
Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57 (Wis. 2022). · cites it 2× “I, § 21(1) and Wis. Stat. § 808.02 ). Approximately 2059 cases were filed in the court of appeals last year.”
State v. Rabe, 291 N.W.2d 809 (Wis. 1980). · cites it 2× “, are not applicable in criminal cases. A contrary holding, as the majority seems to have made in this case, will open the flood gates to attempted appeals by the criminal defendants from every pretrial order.”
Hartford Ins. v. Wales, 406 N.W.2d 426 (Wis. 1987). · cites it 2× “” Section 808.02, Stats., provides, "A writ of error may be sought in the court of appeals.”
State v. Webb, 468 N.W.2d 694 (Wis. 1991). · cites it 4× “Since the reorganization of the Wisconsin court system in 1977, the court so designated is the court of appeals which has initial appellate jurisdiction as set forth in Wis.”
State v. Barrett, 280 N.W.2d 114 (Wis. 1979). “Sec. 808.02, Stats. Appeal is defined in sec.”
Boruch v. Est. of Pergolski (In re Boruch), 505 B.R. 508 (Bankr. W.D. Wis. 2014). · cites it 2× “5; and Wis. Stat. § 808.02 ). This constitutional guarantee extends to direct appeals of conviction, but not to collateral attacks.”
Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57 (Wis. 2022). · cites it 2× “I, § 21(1) and Wis. Stat. § 808.02 ). Approximately 2059 cases were filed in the court of appeals last year.”
State v. Robert James Pope, Jr. (Wis. 2019). · cites it 2× “See Wis. Stat. § 808.02 ("A writ of error may be sought in the court of appeals.”
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