user_mobilelogo

APPELLATE AND TRIAL PRACTICE GUIDES

Resources and links from the Wisconsin State Public Defender's Office (SPD).  Please note: some of the following links will take you to sites external to wispd.org.

Appeals and Postconviction Proceedings

 Attorney-Client Communications

Case Summaries

Charging Practices

Collateral Consequences of Convictions

Competency/Fitness to Stand Trial

Confessions

Counsel

Crimes

Criminal Justice Links

Ethics

Experts

Extradition and Detainers

Extradition of Out-of-State Witnesses
Eyewitness Identification

Immigration

Pretrial Proceedings and Motions

Probation/Extended Supervision, Prison/PLRA

Sentencing

Inmates may petition the circuit court to convert confinement time to extended supervision time as set forth in:
§ 302.043 (risk reduction sentence),
§ 302.45 (Challenge Incarceration Program),
§ 302.05 (Substance Abuse Earned Release Program),
§ 302.113 (9g) (Geriatric or extraordinary health conditions),
§ 302.114 (petition for release to extended supervision for inmates serving life sentences), 
§ 973.195 (1r) (b) if an inmate has served a required percentage (75% or 85%) of the term of confinement portion of a Class C to I felony sentence and: 
"1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment or other correctional programs since he or she was sentenced. 3. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement upon revocation, if the change had been applicable when the inmate was sentenced. 4. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported. 5. Sentence adjustment is otherwise in the interests of justice.”
§ 973.198 (positive adjustment time earned between October 1, 2009 and August 3, 2011).

  • But see Singh v. Kemper, 2014 WI App 43 (Sentence adjustment statutes unconstitutional as applied to persons sentenced between October 1, 2009 and August 3, 2011: retroactive application of statute that repealed or modified previously-existing provisions governing early release for prisoners violated prohibition on ex post facto laws as to prisoner who was convicted and sentenced while previous provisions had been in effect; application of statute to prisoner's offenses had the effect of lengthening his time confined in prison beyond what he may have experienced under the law as it stood when he committed or was convicted and sentenced on the offenses, and altogether eliminated the early release opportunities the law had previously afforded him.)
  • Circuit Court TIS Forms & Instructions
  • UW Law School Legal Assistance to Institutionalized Persons Program (LAIPP) Pro Se Packets for Sentence Adjustments
  • Sentence Modification

Spanish Language Forms

Trial Proceedings