In any appeal, it is vital to pay attention to all deadlines. In a worst-case scenario, a missed deadline can be fatal to an appeal. However, the Colorado Appellate Rules allow a litigant to request an extension of a missed deadline in certain, limited instances. Courts are often loathe to grant such requests, however, so […]
Category Archives: Appeals
On January 19, 2017, managing attorney K.L. Penix argued before the Seventh Circuit Court of Appeals in Chicago on behalf of plaintiff-appellant in Sabina Burton v. Board of Regents of the University of Wisconsin System, et. al. The primary issue in the case was whether Burton was entitled to relief under Title VII of the […]
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 […]
A defendant who wishes to appeal a criminal conviction must inform the court of his intention by filing a notice of appeal. The notice of appeal sets into motion deadlines for various other events, leading up to the deadline to file the appellate brief. While this deadline may be extended as necessary (for more information […]
This post considers the process of filing a petition for a writ of habeas corpus in state court. For an overview of federal habeas corpus, review our recent post, “Petitioning for Federal Relief Under 28 U.S.C. § 2254.” In addition to being able to file a petition for a writ of federal habeas corpus relief, […]
Everyone makes mistakes, even judges. If a trial court makes an error related to fact so substantial and critical that the outcome of the case would have been different, a party may seek a writ of error coram nobis. The kind of error which might result in such a writ is if the court made a mistake […]
Many incarcerated people share the same goal: to have their sentence reduced. While filing an appeal can eventually have this result, Wis. Stat.§ 973.19(1)(a) provides a fast track for incarcerated persons to request a sentence modification before engaging in more timely litigation. Wis. Stat.§ 973.19(1)(a) provides that, after being sentenced, a person may move the […]
Where a prisoner believes that his incarceration violates federal law, he may petition for a writ of federal habeas corpus, pursuant to 28 U.S.C. § 2254. Federal habeas petitions are often filed as a lest resort after a prisoner has exhausted all other potential remedies. In order to be considered, a federal habeas petition must […]
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 […]