The right to appeal a criminal conviction is a fundamental part of the United States justice system. In Wisconsin, there are a variety of grounds on which an individual can pursue an appeal.
What is an Appeal?
An appeal is a request to a higher court to review a lower court’s decision. In Wisconsin, there are two types of attractions: direct and collateral.
Direct appeals are filed with the Wisconsin Court of Appeals within 30 days of the conviction. The Court of Appeals will only consider errors made during the trial. They will not consider new evidence.
Collateral appeals are filed with the circuit court where the conviction occurred after direct appeals have been exhausted. Collateral appeals stem from new evidence, constitutional violations, or ineffective assistance of counsel.
To sum it up, grounds for criminal appeals in Wisconsin include the following:
- Insufficient evidence to support the conviction
- Error in the jury instructions
- Error in the sentencing
- Newly discovered evidence
- Prosecutorial misconduct
Any one of these items or a combination thereof can form the foundation of an appeal.
What is the Appeals Process?
The first step in the appeals process is filing a notice of appeal with the court clerk within 30 days of the judgment. Once the notice of appeal is filed, the case is assigned to an appellate court.
The next step is for the appellate court to review the case. If the appellate court finds errors, it may reverse the conviction or order a new trial. If the appellate court finds no errors, it will affirm the belief.
Once the appellate court has decided, either party can request that the Wisconsin Supreme Court review the case. The Wisconsin Supreme Court has discretionary review and only hears cases it believes are essential or have precedent-setting value.
If you have questions about the grounds for appeal and whether they apply to your specific circumstances, you should consult an experienced criminal appeals lawyer. They can review your case, identify potential grounds for appeal, and provide honest advice about your legal options.
