An insufficient evidence argument asserts that the evidence at trial was insufficient to convict the defendant of one or more charges because the prosecution did not prove, beyond a reasonable doubt, one or more elements of those charges.
Category Archives: Practice
The first step in a direct appeal is to ask the court of appeals to provide relief for specific legal errors made at the trial level. But sometimes, the trial court made only a series of smaller errors, rather than a severe error that would alone warrant reversal. In these cases, the cumulative error doctrine […]
Whether you privately retain an appellate attorney or are appointed one by the court, one of the first things your appellate attorney will request is the entire case file. Many people are surprised to find that it can cost hundreds of dollars to obtain all documents in a case file. This often prompts individuals to […]
In the majority of criminal cases, a successful appeal or post-conviction motion is not the end of a criminal case. In fact, most post-conviction motions and appeals request specific relief that prolongs the case further, such as a new trial, a new sentencing hearing, or the withdrawal of a plea and the opportunity to go […]
This article was authored by our managing attorney Kimberly Alderman and recently published in the Bi-Weekly Newsletter of the State Bar of Wisconsin. To read the full article including endnotes, click here. The majority of requests for review to the Wisconsin Supreme Court take the form of a petition for review, filed shortly after the […]
On December 9, 2014, managing attorney Kimberly Alderman argued in front of the Wisconsin Supreme Court on behalf of defendant-petitioner in State v. Eddie Lee Anthony. The primary issue was whether Anthony’s refusal to comply with an order to not mention his unrelated 1966 conviction was sufficient disruption to justify the court’s stripping him of […]
This article was authored by our managing attorney Kimberly Alderman and recently published in the Wisconsin Law Journal. Wisconsin statutes are clear that a final judgment or order is appealable as a matter of right, unless an exception applies. So the Court of Appeals is required to consider a losing party’s request for review of […]
Whether you are a pro se litigant or a seasoned appellate attorney, the nature of appellate briefing often necessitates asking the court for at least one deadline extension. Luckily, most Appellate Courts have a procedure through which litigants can ask for extra time. Although it is possible to ask for an extension in most cases, […]
Most Courts of Appeals have strict rules concerning the color of appellate brief covers. Although briefs filed with the wrong color cover may still be filed, the court may also decide to return the brief for correction. If you are filing your brief close to the deadline, a returned brief may have damaging consequences. For […]
Written by Managing Attorney Kimberly Alderman and published in the June 2014 edition of Wisconsin Lawyer: A trial attorney may have good reasons for wanting to handle appeals for his or her own cases. It’s only natural to want to finish what one started, and it may seem impossible to get an appellate attorney up […]
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