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Author Archives: Amelia Bizzaro

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.

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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.

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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 do?” On the whole, attorneys should discourage clients from choosing the no-merit report option. Six months ago, Justice Prosser authored the decision in State v. Allen, 2010 WI 89. That ...

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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.

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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Over the summer, the Court of Appeals issued four decisions involving criminal cases, both published and unpublished, sanctioning counsel for various infractions.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.

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