Amelia Bizzaro

Blogs June 29, 2011

ON APPEAL: Which writ depends on decision you want to challenge

Appellate and post-conviction practice is not just limited to direct appeals, §974.06 motions or motions to modify a sentence. Several decisions are reviewable in state court by either a petition for writ of certiorari or a petition for writ of habeas corpus. The question of which to do when depends on the type of decision you seek to challenge.

Blogs June 2, 2011

ON APPEAL: Court clarifies test for sentence modification

Before the Wisconsin Supreme Court’s decision in State v. Harbor, 2011 WI 28 on May 10, the test for seeking a sentence modification based on a new factor was a little bit muddled. The Wisconsin Supreme Court used Harbor to clarify it.

Blogs April 19, 2011

ON APPEAL: Walker’s budget impact on prison sentences

To say that Governor Scott Walker’s proposed biennial budget has gotten a little attention is a huge understatement. But little attention has focused on the immediate impact it will have on inmates serving sentences in Wisconsin prisons.

Blogs April 6, 2011

ON APPEAL: Motion for sentence modification tolls AEDPA

The timeline for filing a petition for writ of habeas corpus in federal court challenging a state conviction is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Recently, the United States Supreme Court addressed whether a state inmate’s challenge to his sentence tolls the deadline.

Blogs February 24, 2011

ON APPEAL: Challenge evidence that doesn’t meet Daubert test

On Jan. 31, 2011, the Legislature did something that the Wisconsin courts have resisted for years. It made Wisconsin a Daubert state for the purposes of admitting expert testimony.

Blogs January 20, 2011

High court to tackle ineffective assistance

This month, the U.S. Supreme Court granted cert in two related plea cases addressing ineffective assistance of counsel, Lafler v. Cooper (No. 10-2009) and Missouri v. Frye (No. 10-444).

Blogs December 28, 2010

Discourage clients from no-merit option

Last month I discussed when appointed counsel should give the required no-merit advice. But what should attorneys do when clients ask the inevitable question: “What do you think I should […]

Blogs November 30, 2010

No merit doesn’t mean no problem

The no-merit report procedure laid out in WIS. STAT. (RULE) 809.32 applies only to appointed counsel on direct appeal. The process can be confusing, but when to start it should not be.

Blogs October 21, 2010

Court unhappy with citation problems

Over the summer, the Court of Appeals issued four decisions involving criminal cases, both published and unpublished, sanctioning counsel for various infractions. In one decision, the Court sanctioned counsel from both parties. What piqued the Court's ire the most were false appendix certifications and, in one case, missing record citations.