When your criminal trial results in a conviction and sentence, you may wish to challenge your conviction if you believe that errors during the trial court proceedings deprived you of a fair trial or influenced the trial’s outcome. However, you must understand the process of appealing a criminal conviction so you can best present a compelling case to the appellate court.
What Is an Appeal?
An appeal of a criminal conviction allows a defendant to challenge their conviction or sentence by arguing that the trial court committed errors during the proceedings that deprived the defendant of a fair trial or influenced the trial’s outcome. An appeal does not involve retrying the case before the appellate court. Instead, a defendant who appeals their conviction or sentence must identify specific alleged incidents that occurred during the trial court proceedings and present legal arguments, based on citations to statutory or case law, for why those incidents constituted errors and how they deprived the defendant of a fair trial or influenced the case’s outcome.
Grounds for Appealing a Criminal Conviction
Common grounds for criminal appeals include:
- Erroneous evidentiary rulings by the trial court (e.g., improperly denying motions to suppress evidence, allowing inadmissible evidence, erroneous rulings on the parties’ objections)
- Insufficient evidence (no reasonable jury would have returned a guilty verdict, or the facts proven at trial do not support every element of the charged offense)
- Erroneous jury instructions
- Errors during jury selection, such as incorrect rulings on challenges for cause or improper use of preemptory challenges by the prosecution
- Prosecutorial misconduct, such as withholding favorable or exculpatory evidence (Brady violations) or making improper arguments to the jury
- Juror misconduct, such as conducting independent investigations of the case, bringing outside information into jury deliberations, or intimidating fellow jurors into voting for a conviction
- Speedy trial violations (failing to hold the trial within the time required by statute and Constitutional norms)
- Denial of legal counsel or wrongful denial of the right to self-representation
- Double jeopardy violations (prosecuted twice for the same crime)
- Confrontation Clause violations (the trial court barred the defendant from cross-examining evidence or witnesses against them or precluded the defendant from presenting a defense theory/argument)
- Unlawful sentence (the sentence imposes a longer term than allowed by law or imposes other unlawful penalties)
- Unreasonable sentence (the trial court committed procedural errors in determining the sentence or abused its discretion in fashioning the sentence)
The Criminal Appeals Process
After a conviction and sentencing, the criminal appeals process in Wisconsin begins when a defendant files a Notice of Intent to Pursue Post-Conviction Relief. Defendants must file notice within 20 days of the trial court’s issuance of a judgment of sentence; otherwise, they may lose their right to appeal their conviction. After filing the notice, a defendant may file a post-conviction/sentence motion, such as a motion for a new trial, a motion for judgment notwithstanding the verdict, or a motion for reconsideration of the sentence. Alternatively, a defendant may appeal to the Wisconsin Court of Appeals.
A defendant who appeals their conviction and sentence must file a notice of appeal that identifies the issues the defendant wants the Court of Appeals to review. The defendant must assemble the record of the trial court proceedings, including the case docket and transcripts of the trial or any relevant pre-trial hearings. The record allows the Court of Appeals to understand what happened during the trial court proceedings to evaluate whether an error may have occurred.
The parties must submit appellate briefs to the Court of Appeals. These briefs provide the parties’ legal arguments for or against finding that a claimed issue constituted a reversible error. In many cases, the Court of Appeals will schedule oral arguments, where the parties will appear before the court to discuss their legal arguments and answer questions from the judges considering the appeal.
What Happens After an Appeal?
After submitting appellate briefs and oral arguments in a criminal appeal, the appellate court will consider the parties’ legal arguments and review the record to determine whether a reversible error occurred during the trial court proceedings. When the appellate court determines that no error occurred or that an error did not affect the trial’s outcome (a “harmless” error), it will affirm the judgment of conviction and sentence and deny the defendant relief. However, suppose the appellate court agrees with the defendant that an error occurred. In that case, it will vacate the sentence or conviction, reverse any orders that the trial court made in error, and remand (return) the case to the trial court. On remand, the appellate court may order the trial court to:
- Hold a new sentencing hearing to impose a new sentence on the defendant
- Hold a new trial on the reversed conviction(s)
- Order the trial court to dismiss the charges (such as when the prosecution lacks sufficient evidence to establish probable cause or legal principles like double jeopardy prohibit retrying the defendant)
When the appellate court affirms the judgment, the defendant may petition the Wisconsin Supreme Court or the U.S. Supreme Court for a writ of certiorari, under which either court may agree to hear a further appeal of the conviction and sentence.
How Can an Appellate Attorney Help?
A criminal appeal involves a different form of litigation and advocacy than a criminal trial. You can give yourself the best chance of success on appeal by retaining an experienced appellate lawyer. An appellate attorney can help you pursue a challenge to your conviction or sentence by:
- Reviewing the trial court proceedings to evaluate potential appellate claims
- Explaining your legal options and walking you through the appeals process to help you make informed decisions about how to challenge your conviction
- Filing your notice of appeal to protect your appellate rights
- Conducting thorough legal research to prepare the most robust arguments possible
- Persuasively advocating on your behalf during oral arguments
Contact Our Firm Today to Pursue an Appeal of a Criminal Conviction in Wisconsin
After legal errors during your criminal prosecution deprived you of a fair trial or resulted in your wrongful conviction, an appeal can help you secure relief, such as a new trial, resentencing, or dismissal of charges for crimes you did not commit. Call Hart Powell, S.C. at (414) 271-9595 today or contact us online for a confidential consultation with a Milwaukee criminal appellate litigator to learn more about the criminal conviction appeals process in Wisconsin.
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