Post Conviction Remedies

Defending State and Federal Charges in Minnesota & Wisconsin

Seeking post-conviction relief usually refers to challenges that happen after a conviction and after direct appeal. In Wisconsin post-conviction relief refers to all proceedings after a guilty plea or verdict.

Post-conviction proceedings involving collateral review of a conviction usually are based on grounds "outside the record." Outside the record can refer to errors of the prosecutor, judge, jury, or defense counsel that were not discovered until after a conviction. Issues that can be raised in post-conviction proceedings include: withholding favorable evidence by the prosecution (Brady violations), newly discovered evidence, recanted testimony, and ineffective assistance of counsel.

Persons convicted of state and federal offenses may seek relief in federal court under either 28 U.S.C. § 2254 (state conviction) or 28 U.S.C. § 2255 (federal conviction).

There are time limits for postconviction proceedings and exceptions to those time are difficult to get around.

The intricacy of post-conviction proceedings in state and federal court are best left to an expert