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THE STANGL LAW BLOG

The Complete Guide to Post-Conviction Relief in Wisconsin

Posted by Attorney Stangl on August 31, 2020

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Every person under Wisconsin law has the right to appeal his or her convictions to higher courts through the appeal process.

While most initial criminal cases are heard in county circuit courts, appeals to rulings made in circuit court proceed to the intermediate appellate court system for review. If the appellate court reverses the ruling, a petition can be submitted to the Wisconsin Supreme Court for potential review.

If you’re seeking post-conviction relief in Wisconsin, it's important to understand that an experienced Wisconsin appeals attorney is essential to your chances of being successful.

Experienced attorneys have been through the process many times before and can identify and articulate the errors that occurred during your trial––combining this direct experience with the skills needed to craft a compelling brief.

Watch my video or read the transcript below for an overview of post-conviction relief in Wisconsin.

 

Video Transcript:

“A direct appeal is an appeal directly to the Court of Appeals, a direct appeal is part of what we call the post-conviction relief process. You start the process to appeal by notifying your attorney.

At the sentencing hearing, you will fill out a form. You should get a form that says, “Notice of Intent to Pursue Post-Conviction Relief.” Notice of Intent to Pursue Post-Conviction Relief is, like it sounds, a notice indicating that you intend to pursue post-conviction relief, which can encompass a direct appeal, or it can mean you have to go back to the trial court for further proceedings.

Post-conviction relief may include filing motions after conviction in the trial court. It's called a post-conviction motion, and depending on the issues raised in appeal, depending on what legal issues you might have, there are certain issues where you are required to file a post-conviction motion in the trial court before you can proceed farther with a direct appeal.

Notice of Intent to Pursue Post-Conviction Relief is the notice that must be filed in the trial court within 20 days of the sentencing hearing, which puts everyone on notice that you intend to pursue post-conviction relief, meaning you intend to appeal or file additional motions in the trial court.

We've appealed many different cases. We've appealed many, many drunk driving cases. I have a number of appeals, published opinions in the Seventh Circuit Court of Appeals in Illinois, which are from the Western District of Wisconsin, which is a federal court, which sits in Madison, Wisconsin.”

Wisconsin Attorney Pat Stangl is happy to offer to you at no obligation a FREE 15-minute consultation to discuss the details of your case and explore your options for post-conviction relief in Wisconsin. If you are interested in appealing your criminal conviction in Wisconsin, click the link below to get to take the first step to appeal your case today.

Get a Free Criminal Appeals Consultation

The Direct Appeals Process in Wisconsin

Initializing a direct appeal starts with completing and submitting a Notice of Intent to Pursue Post-Conviction Relief document. Wisconsin law states that this must be filed in the trail court within 20 days of the sentencing hearing. For those being represented with legal counsel, the law requires the client’s attorney complete this process if requested.

After this step, procedural deadlines are put in place for transcripts to be ordered, the appointment of counsel, and the compilation and review of the trail court record.

Keep in mind that a “direct appeal” can only be submitted if the basis for appeal includes all issues previously raised during the trial court proceedings. If any other rationale is made including issues not set in the record, they must first be addressed in trail court through a post-conviction motion. This includes any claim of ineffectual counsel during trail court proceedings.

If you are subject to a federal conviction, the process for appeal is different. A notice of appeal must be filed within ten days of the entry of the judgment of conviction. For a full listing of federal appeal deadlines, and extension policies, refer to The Federal Rules of Appellate Procedure. Note that federal appeals are much more complicated than state cases.

All issues relating to the appeal must be raised in the initial brief. This sets in motion a back-and-forth process with the government as briefs are filed in response to one another. Oral argumentation takes place if a case is particularly complex and important.

Get Experienced Help with Appeals in Wisconsin

If you're interested in appealing a criminal conviction in Wisconsin, contact a criminal defense attorney with proven experience handling appeals.

At Stangl Law Offices, S.C. we have successfully defended numerous state and federal felony cases ranging from first degree intentional homicide, drug trafficking and drug conspiracies, fraud and other “white collar” crimes, and drunk driving, as well as criminal domestic and misdemeanor cases.

We have also successfully represented clients in both federal and state appellate courts having convictions reversed and have argued before the Wisconsin Supreme Court.

Madison Criminal Defense Attorney Pat Stangl has extensive experience in appellate practice and procedure.  He has represented numerous clients in all facets of the appellate process, including:

  • Direct Appeals in Wisconsin State Courts
  • Direct Appeals in Federal Courts
  • Filing of Post-Conviction Motions for a New Trials
  • Filing Motions Alleging the Ineffective Assistance of Trial Counsel
  • Filing Motions Alleging Ineffective Assistance of Appellate Counsel
  • Arguing many cases in the Seventh Circuit Court of Appeals
  • Argued in front of the Wisconsin Supreme Court
  • Published Opinions in State and Federal Courts

FREE 15-Minute Consultation

Wisconsin Attorney Pat Stangl is happy to offer to you at no obligation a FREE 15-minute consultation to discuss the details of your case and explore your options for post-conviction relief in Wisconsin. If you are interested in appealing your criminal conviction in Wisconsin, click the link below to get to take the first step to appeal your case today.

Get a FREE Consultation

Topics: Video, Appeals

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