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Criminal Defense Guide

Wisconsin Criminal Appeals: An Overview

General information about direct appeals, postconviction motions and preserving issues for review.

General information about direct appeals, postconviction motions and preserving issues for review.

An appeal is not a second trial. Appellate courts review legal issues based on a record created in the circuit court. That makes preservation of issues and a complete record important.

Direct appeal

A direct appeal can raise properly preserved legal errors from the criminal case. The process involves transcripts, the record, briefing and, in some cases, oral argument.

Postconviction motions

Some claims require fact-finding that cannot occur for the first time in an appellate court. Those issues may need to be presented through a postconviction motion before or during the appellate process.

Standards of review

Different issues are reviewed under different standards. A purely legal question is treated differently from a factual finding or a discretionary ruling. The applicable standard can be central to appellate strategy.

Deadlines matter

Appeal and postconviction deadlines can be strict. Anyone considering review of a conviction or sentence should seek case-specific advice promptly.


This page provides general information, not legal advice. Criminal procedure and available defenses depend on the facts, the charge and current law.

Facing a criminal charge or appeal?

Speak directly with Madison criminal defense attorney Robert T. Ruth.

Call (608) 257-2540
Call (608) 257-2540