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: 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 […]
Often, the stress of a criminal case can cause a defendant to hastily enter an ill-advised guilty plea. Sometimes, they are pressured by their attorneys, the State, or families to enter a guilty plea, even if they don’t want to do so. Defendants who enter guilty pleas hastily or against their better judgment may come […]
In jurisdictions where appellate briefs are considered to be part of the public record, any member of the public can go to the courthouse and ask to view the appellate record for a particular case. Some jurisdictions have streamlined this process by offering searchable databases of appellate cases online. Information on all appellate cases filed […]
A judgment of foreclosure is a final judgment within the meaning of Wis. Stat. § 808.03(1), which allows parties to appeal final judgments and orders as a matter of right. According to Wisconsin case law, “Judgment of foreclosure and sale is final judgment appealable as of right which must be appealed within time prescribed by […]
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 […]
A party is not required to have an attorney in order to file a criminal or civil appeal in the state of Wisconsin. A party without counsel who independently files his or her appeal is known as a pro se litigant. If you choose to file an appeal pro se, you will want to consult […]
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 […]