Legal Question in Appeals and Writs in Wisconsin

can i appeal my case

i found out that the only person that testified against me was convicted of purgery shortly after he lied on the stand in my case. he is a detective so his word was good until he was caught lying. i have proof he lied in my case 4 yrs ago. can i appeal?


Asked on 4/17/00, 12:47 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: can i appeal my case

I am not a Wisconsin attorney, so I can't say what the state rules are there. However, in most states (and in the federal courts) four years is too late to file an appeal. You may still be able to seek a writ of habeas corpus to expunge the conviction and to free you of any punishment (such as probation, etc.) you may still be under.

An appeal argues that the trial court handled things the wrong way, and relies on the record from the trial court without introducing further evidence. Your situation would probably be better suited to a habeas petition -- which can introduce new evidence -- even without the four-year delay.

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Answered on 4/24/00, 10:26 pm


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