Course Description:

This presentation, conducted by Judge Paul F. Reilly and Judge Jeffrey O. Davis of the Wisconsin Court of Appeals (District II) for the Wisconsin State Public Defender's Office, delivers judicial perspectives and practical guidance on appellate advocacy. The course covers initiating appeals from final orders under Wis. Stat. § 808.03(1) versus discretionary interlocutory appeals under § 808.03(2), navigating jurisdictional deadlines for Notices of Appeal, preserving trial errors, addressing post-conviction procedural bars under State v. Escalona-Naranjo, crafting effective legal themes ("elevator arguments"), selecting issues strategically based on standards of review (de novo, misuse of discretion, clearly erroneous, any credible evidence), utilizing early peer review, leveraging amicus curiae support at the Court of Appeals level, adhering strictly to technical briefing requirements under Wis. Stat. § 809.19 (including Statements of Issues, Statements of the Case, argument structure, authority usage, requests for oral argument/publication, and appendix compilation), and preparing for rare but critical oral arguments through mock argument panels.  

Course Highlights:

• Appellate Jurisdiction & Deadlines: Final order appeals of right under Wis. Stat. § 808.03(1) vs. non-final discretionary petitions under § 808.03(2); strict jurisdictional Notice of Appeal timelines (60 days general, 20 days post-conviction, 30 days appellant-signed for TPR) filed in circuit court.
• Preserving Error & Procedural Bars: Trial preservation under Wis. Stat. §§ 805.11 and 974.02(2) (objections, offers of proof, post-conviction motions); avoiding successive claim bars under State v. Escalona-Naranjo and State v. Kletzien via "sufficient reason," plain error, or ineffective assistance of counsel.
• Strategic Issue Selection & Themes: Framing clear "elevator themes" centered on legal error; selecting claims based on standards of review, prioritizing de novo review over deferential standards ("clearly erroneous", "any credible evidence").
• Effective Briefing Practices (Wis. Stat. § 809.19): Crafting fact-specific issue statements, maintaining an objective record-based statement of the case, outlining arguments, weaving in standards of review, using explanatory parentheticals, and requesting explicit relief.
• Tactical Considerations & Oral Argument: Leveraging early peer review, amicus support, and appendices; strategically requesting publication; preparing for rare Court of Appeals oral arguments through mock argument panels.

Case Law Referenced:

• State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994)  
• State v. Kletzien, 2011 WI App 22, 331 Wis. 2d 640, 794 N.W.2d 920