Challenges to a conviction filed after an unsuccessful direct appeal or after the timeline for a direct appeal has expired.
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 collateral attack is a motion filed in the original criminal case challenging the conviction once the time for a direct appeal has expired or a direct appeal was unsuccessful. Unlike a direct appeal, the issues that can be raised in a collateral attack are significantly limited by statute to certain types.
These motions are limited to constitutional claims and can only be raised by an individual who is still in custody, which includes individuals on extended release, probation, or parole, as well as those still serving terms of imprisonment or jail sentences. There is no deadline to file a collateral attack.
A collateral attack following a direct appeal, or a collateral attack following a previously-filed collateral attack, cannot raise issues that were already raised in the previous proceedings. Additionally, the defendant must demonstrate "sufficient reason" why the new claims were not previously raised in the direct appeal or first collateral attack. "Sufficient reason" can include the failure of prior appellate counsel to recognize and develop a particular challenge. It is not enough that the prior attorney omitted an issue if doing so was a strategic decision, unless no reasonable appellate attorney would have omitted the issue in question.
Although there is no state-law deadline for a § 974.06 motion, defendants who may later want to seek federal habeas corpus review under 28 U.S.C. § 2254 should be aware that the federal one-year clock keeps running between state proceedings. Waiting too long to pursue state collateral relief can close the federal courthouse door even though Wisconsin law imposes no deadline of its own. And where the alleged failure lies with prior counsel on the appeal itself rather than in the trial court, the proper vehicle may instead be a Knight petition filed in the Court of Appeals.
To discuss your case confidentially, contact Novreske Law Office.