Legal Question in Appeals and Writs in Wisconsin

Yes, as a practical matter, the statute of limitations for attacking procedural violations during a trial expires with the deadline for appealing the conviction. This can be as little as ten days after sentencing, depending upon whether or not a transcript of the proceedings has been ordered. However, post conviction attacks on criminal convictions are occasionally allowed later for constitutional violations. Before a person would have any viable civil claim against the government for constitutional violations, he would have to be cleared of all charges against him, and/or prove deliberate and intentional violations. Most civil claims against any level of the government in WI have a four month statutes of limitations for at least providing a sworn notice of injury and notice of claim letter. After that is denied (either by a response or by passage of time when there is no response), the deadlines for filing a lawsuit soon follow, in as little as six months. In other words, all litigation against the government in WI is filled with procedural traps which will kill the case if any deadline is missed. Coming back years after conviction and conclusion of the sentence could therefore prove impossible as a practical matter. If your brother is serious about this claim, he therefore needs to retain an experienced attorney as soon as possible. My comments here are not intended as legal advice unless you subsequently retain me and we revisit this issue.