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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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State Direct Appeal
The Wisconsin Constitution guarantees a criminal defendant the right to appeal his or her conviction.
The procedure and timelines governing appeals from a criminal conviction or sentence are contained in Wis. Stat. Rule 809.30. The appellate process is triggered by a document called a Notice of Intent to Pursue Post-Conviction Relief which the defendant must file in the circuit court within 20 days of the sentencing hearing. Rule 809.30 then provides deadlines for ordering transcripts, appointment of counsel (if requested and the defendant qualifies), and review of the record for possible challenges to the conviction and/or sentence.
If all the challenges that the defendant and the counsel seek to raise already were raised and decided in the circuit court, then the defendant can appeal directly to the Court of Appeals. However, if any challenge has not been fully presented to the circuit court or requires the presentation of additional evidence, it must be raised first in the circuit court by a postconviction motion. Challenges to the sentence or alleging the ineffective assistance of counsel always must be raised first by postconviction motion in the circuit court.
The filing fee currently is $195 in the Court of Appeals; however, each county has its own filing fee that ranges from $15 to $25. The defendant also must order (and pay for) production of all the transcripts necessary for appeal.
The deadlines in Rule 809.30 can be extended by motion to the Court of Appeals.
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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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