135 W. Wells St., Ste 214
Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com
Presumption Of Innocence... perceptions, provisions and general comments about law, life and politics from the notepads of the Wisconsin criminal and drunk driving defense attorneys at Birdsall Law Offices, S.C., Milwaukee, Wisconsin and Green Bay, Wisconsin.
§ The appellate attorney did not claim ineffective assistance of trial counsel on direct appeal, because the appellate attorney was also the attorney at trial. See State v. Hensley, 221 Wis.2d 473, 585 N.W.2d 683 (Ct. App. 1998).The doctrine of finality and the waiver rule generally mean that you get only one chance to make your arguments. That is why it is so very important that you or your attorney raise all important issues in your initial postconviction motion.
§ The appellate attorney was ineffective in failing to bring a postconviction motion on direct appeal. See State ex rel. Rothering v. McCaughtry, 205 Wis.2d 675, 680, 556 N.W.2d 136, 139 (Ct. App. 1996).
§ The substantive law has changed, and it could not have been foreseen at the time of your direct appeal. See State v. Howard, 211 IWis. 2d, 269 564 N.W.2d 753 (1997).