Wisconsin Statute § 974.06 can provide a procedure for certain collateral challenges after a conviction, but it is not a substitute for every missed appeal issue.
A collateral remedy
A § 974.06 motion is different from the ordinary direct-appeal procedure under Wis. Stat. Rule 809.30. It is generally used for certain constitutional or jurisdictional claims after the normal postconviction route.
Prior litigation matters
Claims that were already raised, or could have been raised earlier, may face procedural barriers. The complete procedural history must be reviewed before deciding whether § 974.06 is available.
The motion needs facts, not labels
A successful collateral motion generally requires more than asserting that something was “unfair.” The claimed legal error must be tied to specific facts and an available ground for relief.
Record development
Some claims can be decided from the existing record; others may require affidavits, records or an evidentiary hearing if the legal requirements for a hearing are met.
Federal consequences
A Wisconsin collateral challenge can sometimes affect a related federal matter, but federal courts have separate rules for finality, exhaustion, limitations and collateral review.