The lawyers at Ahmad & Guerard practice all types of appellate litigation. We believe the key to successful appellate litigation is providing the appellate court with a coherent and persuasive legal argument that best explains your case.
State Criminal Appeals
In Wisconsin, the criminal appellate process can be daunting and confusing. There are two basic methods for obtaining appellate relief in Wisconsin criminal cases.
The most common method is through Wisconsin Statutes § 809.30. Criminal appeals filed under § 809.30 are started with the filing of a notice of intent to seek postconviction relief no later than 20 days after the imposition of a sentence. The filing of the notice of intent to seek postconviction relief starts the appellate process under § 809.30.
The second, less common, method of appealing a criminal conviction in Wisconsin is outlined in § 974.06. Appeals under § 974.06 are extremely complex and specialized. In order to file an appeal under § 974.06, a person must be in custody and under a sentence, be a matter of jurisdictional or constitutional importance and must be made after all remedies under § 809.30 have been exhausted or the time limits have lapsed.
Federal Criminal Appeals
Federal criminal appeals are similar to State criminal appeals except that the case is in Federal Court as opposed to State Court. In a Federal criminal case, the notice of appeal must be filed within 14 days of the later of the entry of the judgment or the order being appealed or the government’s notice of appeal. The filing of the notice of appeal starts the federal appellate process.
State Civil Appeals
In Wisconsin, a civil appeal is started by filing a notice of appeal. The notice of appeal must be filed within 45 days of the entry of judgment. If the circuit court did not provide notice of the entry of judgment, the notice of appeal must be filed within 90 days of the entry of judgment. The filing of notice of appeal starts the civil appeals process in Wisconsin.
Federal Civil Appeals
In Federal Court, the appeals process is started by filing a notice of appeal. The notice of appeal must be filed within 30 days of entry of the judgment or order that is being appealed. However, when the United States, its officer or agency, is a party to the lawsuit, the notice of appeal must be filed within 60 days of the entry of the judgment or order that is being appealed.
The first step in any appeal is filing the proper documents, with the proper court, on time. Thus, in an appeal time is of the essence. The lawyers at Ahmad & Guerard handle Federal and State Criminal Appeals as well as Federal and State Civil Appeals. The appellate rules can be confusing and complex. Please contact us to speak with a qualified appellate attorney about your appellate rights.
