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Henak Law Office, S.C.
Criminal Appeals, Post-Conviction Remedies, Federal Habeas Corpus
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Contact Us:
5205 N. Ironwood Rd., #100
Milwaukee, WI 53217
Phone: (414)283-9300
Fax: (414)283-9400
Experience. Creativity. Integrity.
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Direct Appeal FAQs
Are there any deadlines for a direct appeal?
There are several deadlines in a direct appeal, all of which are governed by the Wisconsin Rules of Appellate Procedure, specifically Rule 809.30. The defendant has 20 days from the date he is sentenced to file a Notice of Intent to Pursue Post-Conviction Relief. This is a document that lets the court know that the defendant will be pursuing an appeal.
Once that is done, the Clerk's Office is required to send certain information to the Office of the State Public Defender for determining whether the defendant is eligible for an appointed attorney. The deadline for what happens next depends on that the answer to that question.
If the defendant does not qualify or decides to retain counsel, the deadline for ordering the transcripts and court record is 90 days after the filing of the Notice of Intent to Pursue Post-Conviction Relief.
Once ordered, the court reporters have 60 days to create and provide copies of the transcripts. There is a fee associated with this request. The attorney then has 60 days from the date of receiving the last transcript to file either a post-conviction motion or notice of appeal.
After the motion is filed, the Court has 60 days to issue a decision. Depending on whether a hearing or briefing is required, this deadline can be extended with the Court of Appeals' permission.
If the Court denies the post-conviction motion, the defendant has 20 days to file a Notice of Appeal. This is generally a one-page document that lets the Court of Appeals know that an appeal is coming. Once done, the Clerk of Circuit Court must compile and transfer the entire court record, including the transcripts, to the Court of Appeals within 60 days. Once the Court of Appeals receives the record, the defendant has 45 days to file his brief. The state has 30 days to respond, and the defendant has an additional 15 days to file a reply brief. Then, the waiting begins.
There is no deadline for the Court of Appeals to issue a decision. Generally, it takes two years from the filing of the Notice of Intent to Pursue Post-Conviction Relief to the date of decision, but that is just an average. Some cases take longer, and some are shorter.
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Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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Designed by James Moffet © 2009
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