NCJ Number
108454
Journal
Wisconsin Law Review Volume: 1986 Issue: 2 Dated: (1986) Pages: 399-427
Date Published
1986
Length
29 pages
Annotation
This comment discusses how Wisconsin allocates trial and appellate counsels' responsibilities at the postsentence, preappeal stage, examining the confusion and problems that have resulted from Wisconsin's failure to define clearly trial counsel's duties at this stage.
Abstract
If convicted, a criminal defendant's most important decision is whether to appeal. This decision requires thoughtful and immediate consideration because of its significance and because of the time limit for filing a notice of appeal. Yet, at this stage in a criminal proceeding, a defendant often is effectively without representation. Trial counsel's job is ending and appellate counsel's work has not yet begun. Because of this gap in representation, may defendants have unwittingly forfeited their right to appeal. The 1985 amendments to Wisconsin's criminal procedure statutes will not improve the situation significantly. The Federal system, on the other hand, has provided effectively for representation at the postsentence, preappeal stage. A shorter time period for deciding whether to appeal would indicate to trial attorneys that they are responsible for assisting defendants with the appeal decision and that defendants will not receive assistance with this decision from additional parties. Trial attorneys should also be encouraged to use any time between conviction and sentencing for discussing an appeal. Trial attorneys should be required to maintain continued contact with the defendant until the appeal decision is made and any appeal is initiated. 129 footnotes. (Author abstract modified)