Can my Criminal Record be Expunged?

  Why Expungement? Due to the public nature of most criminal court records, a single bad decision can result in a permanent, detrimental mark on a person’s record. Some states make these records more readily available than others. For example, individuals can search and view Wisconsin criminal records online, for free, through “Wisconsin Court System […]

How to File a State Habeas Corpus Petition

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, […]

Sentence Reductions Under Wis. Stat. §973.19(1)(a)

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 […]

How to File a Federal Habeas Corpus Petition

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 […]

How a Case Gets to the Wisconsin Supreme Court

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 […]

Can I Move to Extend Time to File a Notice of Appeal After the Deadline?

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 […]

Can I Appeal a Restraining Order?

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 […]

What is Original Jurisdiction?

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 […]