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 […]
Category Archives: Criminal Appeals
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 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 […]
On Tuesday, the Court of Appeals published their decision in State v. Moua, 2012-AP-1859, an appeal from the third round of Moua’s post-conviction litigation (and his second 974.06 motion). The Court held that, to the extent Moua’s arguments as to his incapacity were new, he had failed to provide a “sufficient reason” for not raising […]
When you decide to initiate a civil or criminal appeal, the first action you must take is to file your Notice of Appeal in the circuit court that issued the judgment from which you are appealing. The date of filing for your Notice of Appeal begins the clock ticking on numerous critical deadlines. One such deadline […]
Nearly 70% of criminal appeals in Wisconsin use the legal vehicle of ineffective assistance of counsel as the attempted means for relief. This means that the accused is arguing, “If my trial counsel had done something different, the outcome would’ve been different and I wouldn’t have been convicted” (or the result of sentencing would’ve been […]
In Wisconsin criminal cases, a convicted defendant has a limited time after sentencing to file a Notice of Intent to Pursue Post-Conviction Relief. Notice this is not a “Notice of Appeal,” rather it reflects that you are going to do something with an appellate lawyer. That appellate lawyer can do one of three things: (1) […]
Yes. Wisconsin law provides that, under certain circumstances, defendants convicted of both felony and misdemeanor offenses may be released on bond pending the results of their appeal. According to Wisconsin Statute § 809.3: [quote](3) Release may be granted if the court finds that: (a) There is no substantial risk the appellant will not appear to answer […]