Legal Question in Criminal Law in Wisconsin
Process of appealsI
If your case has been in appeals for 2yrs+ and has not been viewed by a judge is there a way to re appeal it? If so what is the process that needs to be taken?If not is their a way to get the judge to look at it any sooner?
2 Answers from Attorneys
Re: Process of appealsI
Your pregnancy does not change any of the issues. It may complicate matters in as much as you will have another child to contend with in terms of physical placement and child support.
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Re: Process of appealsI
If it is a postconviction motion, then a judge has to act within 60 days or the motion is denied by operation of law. You then appeal to the court of appeals. Once they have your brief, you just have to wait - there are no statutory time limits at either that level or the Supreme Court. District I (1 of 4 districts) is notoriously slow because it covers Milwaukee and handles a huge volume of cases. If your case is there, it would be wise to at least contact the court in writing indicating that you request a decision ASAP. That may lay the groundwork for a due process claim in federal court IF you ultimately succeed on the merits in the latter.
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