A criminal appeal is built on the record made in the trial court. Effective appellate work requires identifying preserved legal issues, understanding the applicable standard of review and deciding whether an issue can be resolved from the existing record or requires a postconviction motion.
Wisconsin postconviction and appeal deadlines
Wisconsin Rule 809.30 governs much of the postconviction and direct-appeal process in criminal cases. The rule generally requires a notice of intent to pursue postconviction or postdisposition relief within 20 days after sentencing or final adjudication. Because the appellate process contains additional deadlines after that first step, a person considering review should seek case-specific advice promptly.
Direct appeals
A direct appeal asks the Wisconsin Court of Appeals to review legal issues arising from the circuit-court proceedings. The process centers on the record, transcripts, written briefs and the standards of review that apply to each issue. It is not a second jury trial.
Postconviction motions
Some claims cannot be resolved from the existing record and may require a postconviction motion in the circuit court. An evidentiary hearing can be important when a claim depends on facts that were not fully developed during the original proceedings.
Choosing appellate issues
Potential appellate issues can involve suppression, evidentiary rulings, jury instructions, sentencing, constitutional questions, ineffective-assistance claims or other preserved errors. Strong appellate work usually depends on selecting issues that fit the record and the governing standard of review rather than raising every possible complaint.
Federal criminal appeals
Federal criminal appeals follow different rules and deadlines. Wisconsin federal cases are reviewed by the Seventh Circuit. See the firm's federal criminal appeals page for information focused on federal appellate practice.
Wisconsin Court of Appeals and further review
Most Wisconsin criminal direct appeals are decided by the Wisconsin Court of Appeals. Depending on the result and the issues presented, a party may seek further review in the Wisconsin Supreme Court. The availability and timing of further review depend on the case and the applicable rules.
The appellate record and written briefs
Appellate courts generally decide issues from the record created in the circuit court. Transcripts, motions, exhibits and rulings therefore matter. The written briefs explain the relevant facts, identify the legal issues, apply the correct standard of review and ask the appellate court for a specific form of relief.
This page provides general information and is not legal advice. Appellate deadlines and procedures can change and depend on the individual case.