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 […]
Category Archives: Criminal Appeals
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 […]
There are many reasons why a person may miss a deadline. Especially when proceeding ‘pro se’ (without an attorney), there are many deadlines and rules that can be difficult to keep track of. It is therefore important to know which deadlines can be extended, and which cannot. In the context of an appeal, one very important […]
Restraining (or civil protection) orders are temporary orders issued by judges in order to protect a particular person or entity. If you believe that a person has unnecessarily obtained a restraining order against you, you may be able to appeal (or otherwise fight) the order. Importantly, no matter how frivolous you believe a restraining order […]
Under normal circumstances, the pathway to a supreme court involves stops at a trial level court, and then an appellate level court. Because supreme court review is discretionary, many cases travel through the trial and appellate level courts, only to never achieve supreme court review. In a very limited number of cases, however, an action […]
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 […]
When you relocate while your appeal is still pending, it is important to change your address on file with the responsible court. This is imperative if you are representing yourself (i.e. if you are a pro se litigant). While most governmental institutions accept change of address information over the phone, the process for changing your […]
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, […]