Representation in direct appeals from criminal convictions in Wisconsin state courts, addressing trial errors, evidentiary issues, and constitutional violations.
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.
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 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.
If the Court of Appeals rules against the defendant, the case does not necessarily end there. The next step is a petition for review in the Wisconsin Supreme Court. And when the deadline for a direct appeal has passed or a direct appeal was unsuccessful, other avenues may remain, including a collateral attack under Wis. Stat. § 974.06 or a federal habeas corpus petition.
To discuss your case confidentially, contact Novreske Law Office.