Wisconsin Statutes
Wis. Stat. § 974.01 (2026)
Misdemeanor appeals
✓ current as of July 2026
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974.01(2)(2) In lieu of a transcript on appeal, the oral proceedings may be presented in an agreed statement signed by all the parties to the appeal. This shall be a condensed statement in narrative form of all of the portions of the oral proceedings as are necessary to determination of the question on appeal.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1972–2021 · leading case: State v. Henley, 2010 WI 97 (Wis. 2010).
State v. Henley, 2010 WI 97 (Wis. 2010). “For the reasons explained above, a motion for a new trial in the interest of justice under § 974.”
State v. Killory, 243 N.W.2d 475 (Wis. 1976). “Before proceeding to consider the issues raised for the first time on this appeal, we deem it appropriate to make some observations in regard to appellate practice under sec. 974.01, Stats., Misdemeanor appeals from county court.”
State v. Courtney, 247 N.W.2d 714 (Wis. 1976). “Defendant appealed this conviction to the circuit court pursuant to sec. 974.01, Stats., and defendant has perfected his appeal to the supreme court from the circuit court’s order affirming the conviction.”
State v. Marten-Hoye, 2008 WI App 19 (Wis. Ct. App. 2008). “Also, although Ben-Ami told Marten-Hoye she would be receiving a city ordinance citation, and Ben-Ami's partner had started writing a city ordinance citation, Marten-Hoye was later charged with violating Wisconsin's disorderly conduct statute, Wis. Stat. § 974.01 , which is a…”
State v. Omernik, 194 N.W.2d 617 (Wis. 1972). “The only reference to the supreme court in sec. 974.01, Stats., is in sub. (6), which gives the circuit court “power similar to that of the supreme court under ch.”
State v. Kasuboski, 266 N.W.2d 433 (Wis. 1978). “Sec. 974.01(1), Stats. The state’s second argument is that the circuit court for Winnebago county never acquired jurisdiction of the appeal from the county court, because there was no judgment of the county court in writing, and therefore, no judgment was ever entered.”
State v. Ryback, 219 N.W.2d 263 (Wis. 1974). “) This court has held that an order denying postconviction relief in a misdemeanor case is appeal-able under sec. 974.01, Stats., but this is so because such order “.”
State v. Washington, 2017 WI App 6 (Wis. Ct. App. 2016). “§ 974.01(3) and Rule 43(c) are similar in that Rule 43(c) provides that *222 a defendant who is "initially present at trial.”
State v. Brice, 212 N.W.2d 596 (Wis. 1973). “Sec. 974.01, Stats., does not grant a right of appeal in a misdemeanor case.”
State v. Samuel Martin Polhamus (Wis. Ct. App. 2021). “§ 974.01. Polhamus does not offer a developed argument to the contrary that is non-conclusory and supported by citations to the record.”
— Wis. Stat. § 974.01(1) — 1 case
State v. Kasuboski, 266 N.W.2d 433 (Wis. 1978). “Sec. 974.01(1), Stats. The state’s second argument is that the circuit court for Winnebago county never acquired jurisdiction of the appeal from the county court, because there was no judgment of the county court in writing, and therefore, no judgment was ever entered.”
— Wis. Stat. § 974.01(3) — 1 case
State v. Washington, 2017 WI App 6 (Wis. Ct. App. 2016). “§ 974.01(3) and Rule 43(c) are similar in that Rule 43(c) provides that *222 a defendant who is "initially present at trial.”
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