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.
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.
These cases routinely arise from an internet service provider submitting a Cybertipline Report to the National Center for Missing and Exploited Children (NCMEC). Brad is at the forefront of this developing area of law and has litigated Fourth Amendment issues surrounding the cooperation between internet providers, NCMEC, and state or local law enforcement.
Brad is well-versed in the technical aspects of these cases and recognizes the important role of forenic analysis of phones, computers, and other devices in defending these allegations. Brad recently secured a new trial for a client convicted of possession of child pornography based on the trial attorney's failure to recognize and develop significant weaknesses in the State's case apparent from the forensic analysis.