Question 1

How long do I have to appeal a criminal conviction in Wisconsin?

Accepted Answer

Time is critical. In Wisconsin, you must file a Notice of Intent to Pursue Post-Conviction Relief with the circuit court within 20 days of your sentencing hearing. Missing this deadline can result in losing your right to appeal entirely. Your trial attorney is required to file this notice upon your request — but do not wait and assume it will be handled. If you believe you have grounds for an appeal, contact Kim & LaVoy S.C. immediately at (414) 257-2100. The sooner an appellate attorney can review your case, the better positioned you will be.

Question 2

What are the grounds for appealing a criminal conviction in Wisconsin?

Accepted Answer

A criminal appeal in Wisconsin must be based on a legal error that affected the outcome of your case — not simply disagreement with the verdict or the sentence. Common grounds for appeal include: legal errors during trial such as improper admission or exclusion of evidence; incorrect jury instructions; ineffective assistance of counsel, meaning your trial attorney's performance was constitutionally deficient and prejudiced your case; sentencing errors where the judge considered improper factors or exceeded the legal sentencing range; and newly discovered evidence that was not available at trial and is reasonably likely to change the outcome. An experienced appellate attorney can review your trial record and identify whether viable grounds for appeal exist.

Question 3

What is the difference between a post-conviction motion and a direct appeal in Wisconsin?

Accepted Answer

A post-conviction motion is filed in the original trial court (circuit court) and asks that judge to correct errors before the case goes to an appellate court. A direct appeal bypasses the trial court and goes straight to the Wisconsin Court of Appeals. Under Wisconsin law, certain issues — most importantly, claims of ineffective assistance of counsel — must first be raised in a post-conviction motion in the circuit court before they can be pursued on appeal. An experienced appellate attorney will evaluate which path is appropriate for your specific issues and ensure that no claims are inadvertently waived by failing to raise them at the right stage.

Question 4

Can I appeal if my attorney was ineffective at trial?

Accepted Answer

Yes, but the standard is high. To succeed on an ineffective assistance of counsel claim in Wisconsin, you must show both that your attorney's performance fell below an objective standard of reasonableness, and that there is a reasonable probability that the outcome of your case would have been different had your attorney performed competently. Examples of potentially deficient performance include failing to investigate key evidence, missing critical deadlines, failing to raise viable legal challenges, or making unreasonable strategic decisions. Under Wisconsin law, ineffective assistance claims must typically be raised first in a post-conviction motion in the circuit court — they generally cannot be raised for the first time on direct appeal.

Question 5

What happens after I file an appeal in Wisconsin?

Accepted Answer

After a Notice of Intent is filed and transcripts are obtained, your appellate attorney will file a brief with the Wisconsin Court of Appeals laying out the legal arguments for why the conviction or sentence should be overturned or modified. The prosecution then files a response brief. In some cases, the court schedules oral argument. A panel of three Court of Appeals judges then issues a written decision. If the Court of Appeals denies the appeal, you may petition the Wisconsin Supreme Court for review within 30 days — though the Supreme Court accepts only a limited number of cases. For federal convictions, appeals go to the U.S. Court of Appeals for the Seventh Circuit.

Question 6

Should I use a different attorney for my appeal than the one who handled my trial?

Accepted Answer

In many cases, yes — and this is particularly true if one of the grounds for your appeal is ineffective assistance of trial counsel. An attorney cannot realistically argue their own ineffectiveness. More broadly, appellate work requires a different skill set than trial work — it centers on written legal briefs, appellate procedure, and identifying legal errors in the trial record rather than courtroom advocacy. An attorney who regularly handles appeals will have the specialized skills needed to construct the strongest possible appellate brief. The attorneys at Kim & LaVoy S.C. handle both trial-level and post-conviction work, and can provide a fresh review of your case. Call us at (414) 257-2100.

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