Appealing a Conviction

Once an individual has been convicted of a crime, the Court will enter a judgment of conviction in the Circuit Court of the county of conviction. In Wisconsin, the defendant must first file a Notice of Right to Seek Post-Conviction Relief in the Circuit Court. That Notice gets filed by the defendant's criminal defense attorney. Then comes either the Motion for Post-Conviction Relief or Notice of Appeal. It is crucial that you work with a Milwaukee appeals lawyer to guide you through the appeals process.

If you are considering an appeal in Milwaukee, you should seek the counsel of an experienced appellate attorney. By obtaining the counsel of a Milwaukee attorney, you can ensure the protection of your rights and the timely progression of your appeal.

A post-conviction motion is beneficial in cases where:

• There is newly discovered evidence
• There is ineffective legal representation
• There was a violation of constitutional rights.
• An individual wishes to file a Motion for a New Sentence or a Motion for Sentence Modification.

How Many Times Can You File an Appeal?

Usually, the final judgment of a lower court can be appealed only once to the next higher court. The number of times you can file an appeal also depends on how many courts are “superior” to the court that made the decision and even what the basis of your appeal is and what the next high court decides. Usually, courts require a “finality” before an appeal.

Help to Navigate the Court of Appeals

A post-conviction appeal is commenced with a filing back in the trial court. The trial court first reviews the evidence and arguments and then issues a decision. If the trial court does not rule in favor of the convicted person, then that person can have his/her post-conviction motion reviewed for possible legal errors in the Court of Appeals.

If that higher court finds that legal errors were present, the court may:

• Reverse the conviction
• Reduce the sentence
• Or order a new trial.

Once any particular criminal matter is taken to the Court of Appeals, a transcript of the record is sent from the trial court to the appellate court. This is what is commonly referred to as the Record on Appeal. This record consists entirely of the written statements made in court at all trial court proceedings along with all documents submitted into evidence.

Once the record is submitted to the Court of Appeals, a briefing schedule is set by the Court. The parties to the litigation submit their legal briefs to the Court based upon the schedule established. A legal brief is a written document containing factual and legal arguments that each party submits to the Court. In certain cases, after the submission of written briefs, the parties may request and receive the ability to make oral arguments. After the submission of written briefs and oral arguments, the appellate court renders a written decision.