Preparation and argument of petitions to the Wisconsin Supreme Court, seeking review of Court of Appeals decisions in criminal cases.
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.
Following a loss in the Court of Appeals, every defendant has the right to petition the Wisconsin Supreme Court for review of the case. Unlike the Court of Appeals, the Wisconsin Supreme Court only takes cases that meet certain criteria for review. A petition for review is a defendant's request for the Supreme Court to accept review of a Court of Appeals decision and outlines how the defendant's case meets the criteria for review.
The deadline is strict: a petition for review must be received by the Supreme Court within 30 days of the Court of Appeals decision, and that deadline cannot be extended.
The Wisconsin Supreme Court accepts fewer than 10% of petitions for review annually. For example, during the 2023-2024 term, 323 petitions for review were filed in criminal cases. Of those, only 4 cases were accepted for review.
Because review is discretionary, an effective petition looks different from an ordinary appellate brief. Rather than simply arguing that the Court of Appeals got it wrong, the petition must show why the case matters beyond the individual defendant — for example, that it presents a novel question of law, a conflict in existing decisions, or an issue of statewide importance under the criteria in Wis. Stat. § 809.62. Framing a case in those terms is a distinct skill, and it is worth consulting an attorney who regularly practices in Wisconsin's appellate courts.
If the Wisconsin Supreme Court denies review, federal issues in the case may still be pursued through a petition for writ of certiorari in the United States Supreme Court or a federal habeas corpus petition under 28 U.S.C. § 2254.
To discuss your case confidentially, contact Novreske Law Office.