Although rare, a party who loses at the circuit court level may ask the State Supreme Court to hear the case, directly, without the case first being heard by the Court of Appeals. This request is referred to as a petition to bypass. In Wisconsin Courts, for example, Wis. Stat. § 808.05 outlines the three […]
Category Archives: Civil Appeals
From our most recent article in the Wisconsin Lawyer Magazine, on Wisconsin’s expedited appeals program: It is not uncommon for a year or more to pass between the conclusion of a case at the trial level and the final opinion being handed down by the Wisconsin Court of Appeals. To shorten this typical timeframe, any […]
Those who are unable to afford appellate legal services may hope to find an appeals attorney who is willing to handle their appeal pro bono. Pro bono attorneys provide their services on a voluntarily basis either without payment or at a reduced fee to those who are least able to pay for them. However, because […]
The Court of Appeals took on a wide variety of criminal and civil cases last month, issuing more than fifty decisions. Following are summaries of three of the decisions. State v. Redmond – This case arose from Mr. Redmond’s convictions for kidnapping and false imprisonment. At trial, the jury did not reach a consensus regarding […]
Kimberly Alderman, managing attorney of the Alderman Law Firm, has authored an e-book called Foreclosure Defense: Litigation Strategies and Appeals. The description of the book explains: Foreclosure Defense: Litigation Strategies and Appeals is a nuts and bolts primer on foreclosure defense. It is an easy to read explanation of the various defenses raised in foreclosure […]
From our most recent article in the Wisconsin Law Journal, on the standards of review for Wisconsin trial court decisions: After a case has concluded at the circuit court level, losing litigants often consult their trial attorney concerning their chances on appeal. But many trial attorneys do not handle appeals, so are unfamiliar with the […]
Establishing a good record in the trial court is an enormous advantage to persons seeking to appeal a judgment. The record is all of the documents filed in the trial court that the appellate court will have access to when making its decision. In short, the record is the facts of your case. The person […]
The National Business Institute (NBI) has recently announced that the Alderman Law Firm’s managing attorney Kimberly Alderman will be a primary speaker at NBI’s Foreclosure, Short Sale and Loan Modification Compliance Update 2014. Attorney Alderman will give a 90-minute presentation titled, Foreclosure Litigation: Defense Strategies and Appeals. Foreclosure Litigation: Defense Strategies and Appeals will provide […]
An article on how trial attorneys should handle circuit court losses in regard to civil appeals, from my most recent article in the Wisconsin Law Journal: A trial lawyer represents his client through the final judgment – win or lose. When that judgment reflects a loss, he must advise the client on her options for […]
The Court of Appeals released about three dozen decisions last week. As expected, the vast majority affirmed the Circuit Court’s ruling. Here are the five exceptions: Kenosha Cemetery Association v. Janet & Jeffrey Depaoli – The plaintiff proved the defendant had converted $240,000 for her own use, and that her husband was reasonably responsible due […]