NCJ Number
17661
Journal
Marquette Law Review Volume: 56 Issue: 1 Dated: (FALL, 1972) Pages: 69-86
Date Published
1972
Length
18 pages
Annotation
EXAMINATION OF THE VARIOUS REMEDIES AVAILABLE TO THE CONVICTED CRIMINAL DEFENDANT IN THE TRIAL COURT AND THE WISCONSIN SUPREME COURT UNDER THE 1969 REVISIONS OF THE STATE CRIMINAL PROCEDURE CODE.
Abstract
THE FIRST PART OF THIS ARTICLE DISCUSSES THE REMEDIES AVAILABLE IN THE STATE SUPREME COURT - DIRECT APPEAL, WRIT OF ERROR, AND JURISDICTION ON APPEAL. DIRECT TRIAL COURT REMEDIES, SUCH AS A MOTION FOR A NEW TRIAL, MOTIONS TO MODIFY THE SENTENCE, AND MOTIONS TO WITHDRAW A GUILTY PLEA, ARE ALSO EXAMINED IN RELATION TO RECENT CASE LAW AND THE CHANGES BROUGHT ABOUT BY THE ADOPTION OF THE NEW CRIMINAL PROCEDURE CODE. HIGHLIGHTED IS THE NEW POSTCONVICTION PROCEDURE UNDER SECTION 974.06 OF THE WISCONSIN STATUTES, WHICH GIVES PRISONERS IN CUSTODY UNDER SENTENCE OF A COURT THE RIGHT TO RAISE ANY CONSTITUTIONAL OR JURISDICTIONAL DEFECT AFTER THE TIME FOR DIRECT ATTACK HAS EXPIRED AND MAY MOVE THE COURT THAT WHICH IMPOSED THE SENTENCE TO VACATE, SET ASIDE, OR CORRECT THE SENTENCE.