Federal habeas corpus petitions under 28 U.S.C. § 2254 challenging Wisconsin state convictions on federal constitutional grounds.
Practice
Representation in direct appeals from criminal convictions in Wisconsin state courts, addressing trial errors, evidentiary issues, and constitutional violations.
Preparation and argument of petitions to the Wisconsin Supreme Court, seeking review of Court of Appeals decisions in criminal cases.
Challenges to a conviction filed after an unsuccessful direct appeal or after the timeline for a direct appeal has expired.
Motions seeking reduction or modification of criminal sentences based on new factors or changed circumstances.
Petitions for writ of habeas corpus in the Wisconsin Court of Appeals challenging ineffective assistance of appellate counsel in criminal cases.
Representation in direct appeals from federal criminal convictions and sentences in the United States Court of Appeals for the Seventh Circuit.
Motions under 28 U.S.C. § 2255 challenging federal convictions and sentences based on constitutional violations, including ineffective assistance of counsel.
Federal habeas corpus petitions under 28 U.S.C. § 2254 challenging Wisconsin state convictions on federal constitutional grounds.
Preparation of petitions for writ of certiorari seeking United States Supreme Court review of state and federal criminal cases.
Defense of Wisconsin and federal child pornography charges, including CyberTipline investigations, digital forensics, and Fourth Amendment litigation.
National defense representation, consulting, and training in child pornography cases arising from the anonymous peer-to-peer network Freenet/Hyphanet.
Guidance on Wisconsin expungement eligibility and the steps required to seal court records after successful completion of a sentence.
Representation of victims of domestic abuse, stalking, and harassment in Wisconsin injunction proceedings on a case-by-case basis.
A petition for writ of habeas corpus under 28 U.S.C. § 2254 allows a person in custody under a state-court judgment to ask a federal court to review the conviction or sentence for violations of the United States Constitution. For Wisconsin defendants, the petition is filed in the Eastern or Western District of Wisconsin after the state-court process has run its course.
Federal habeas review is powerful but narrow, and it is governed by some of the most demanding procedural rules in criminal law.
Exhaustion. Before a federal court will hear a claim, the claim must first have been fairly presented through one complete round of state review — through the Wisconsin Court of Appeals and a petition for review in the Wisconsin Supreme Court, whether on direct appeal or in state collateral proceedings. Claims that were never properly presented in state court are generally barred unless the petitioner can show cause for the default and resulting prejudice.
The one-year deadline. A § 2254 petition must ordinarily be filed within one year of the date the conviction became final on direct review. The clock is paused while a properly filed state postconviction motion is pending, but — critically — it is not paused during the gaps between proceedings. Because Wisconsin's § 974.06 motion has no state-law deadline, defendants are often unaware that waiting to pursue state collateral relief can quietly consume the federal year. Anyone who may eventually want federal review should have the timeline evaluated as early as possible.
Deference to the state courts. For claims the state courts decided on the merits, federal relief is available only if the state decision was contrary to, or an unreasonable application of, clearly established Supreme Court precedent, or rested on an unreasonable determination of the facts. It is not enough that the federal court would have decided the issue differently; the state court's ruling must be beyond fairminded disagreement. Presenting a claim that can clear that bar requires building the strongest possible record in state court first — one of many reasons the state and federal stages of a case need to be planned together rather than handled piecemeal.
When a petition is denied, an appeal to the Seventh Circuit requires a certificate of appealability, and second or successive petitions require advance authorization from the court of appeals under narrow standards.
Novreske Law Office litigates § 2254 petitions arising from Wisconsin convictions and offers case review to evaluate whether viable federal claims exist and whether the deadline can still be met. Individuals challenging federal convictions proceed instead under 28 U.S.C. § 2255.
To discuss your case confidentially, contact Novreske Law Office.