Criminal Postconviction & Appellate Representation
Practice
Trial-level and appellate or postconviction representation in cases involving allegations of possession, distribution, or production of child sexual abuse material; internet crimes against children, and cases at the intersection of technology and the Fourth Amendment.
Representation in direct appeals from criminal convictions in federal courts, addressing trial errors, evidentiary issues, and constitutional violations.
Representation in direct appeals from criminal convictions in Wisconsin state courts, addressing trial errors, evidentiary issues, and constitutional violations.
Specialized representation and consultation in cases involving the anonymous peer-to-peer network Freenet/Hyphanet, with expertise in Fourth Amendment technology issues.
Representation of victims of domestic abuse, stalking, and harassment in injunction proceedings on a case-by-case basis.
Federal court challenges to state court convictions based on constitutional violations that were not properly addressed in state proceedings.
Preparation and argument of petitions to the Wisconsin Supreme Court, seeking review of Court of Appeals decisions in criminal cases.
Post-conviction motions challenging federal convictions based on constitutional violations, ineffective assistance, or jurisdictional issues.
Specialized petitions addressing ineffective assistance of appellate counsel in Wisconsin criminal cases.
Petitions to the United States Supreme Court seeking review of federal appellate court decisions in criminal cases.
Motions seeking reduction or modification of criminal sentences based on new factors or changed circumstances.
Challenges to a conviction filed after an unsuccessful direct appeal or after the timeline for a direct appeal has expired.
Representation in direct appeals from criminal convictions in Wisconsin state courts, addressing trial errors, evidentiary issues, and constitutional violations.
Every criminal defendant in Wisconsin is guaranteed the right to appeal their conviction by the Wisconsin Constitution.
The deadlines and procedure that must be followed are complex and inflexible, and are contained in Wis. Stat. (Rule) 809.30. Within 20 days of a conviction, the defendant must file in the trial court a form called the Notice of Intent to to Pursue Post-Conviction Relief. By filing that document, the appellate process begins and several deadlines follow. There are specific timelines for ordering transcripts, for transcripts to be completed by the court reporter, for compiling the record, and for filing a postconviction motion or notice of appeal.
The direct appeal process proceeds in one of two ways. Most commonly, a postconviction motion is filed in the original trial court to raise issues that weren't already developed during the pretrial stage. For example, ineffective assistance of trial counsel must be raised in a postconviction motion before a Notice of Appeal is filed. Issues that were already raised and decided by the trial court do not need to be raised again in a postconviction motion. Those issues can simply be raised in the direct appeal.
There are several other procedural rules that govern a direct appeal. It is important to consult with an attorney experienced in the appellate process, as it is significantly different than a typical trial-level representation.