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What is a post-trial decision?

Common post-trial motions include: Motion for a New Trial The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done if the interest of justice so requires. Motion for Judgment of Acquittal Court may set aside the jurys verdict and allow the defendant to go free.

What is post-conviction relief Wisconsin?

POSTCONVICTION RELIEF: a remedy the defendant may seek after a criminal conviction, attempting to reduce a sentence or reverse a lower courts decision; includes postconviction motions filed in the circuit court or appeals filed in the Court of Appeals.

How do postconviction remedies differ from appeals?

The motion for post-conviction relief is considered by the trial court, not the appellate court. Unlike an appeal, the defendant is allowed to present new evidence usually evidence relating to what the lawyer did, and how it negatively affected the defense of the case.

What is a postconviction motion?

The term post-conviction relief refers to legal channels by which defendants convicted of a crime can seek to get their convictions overturned, sentences modified, records expunged or civil rights restored.

What is the most common type of post verdict motion?

There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside. Motions for new trial, motions to vacate, and motions to set-aside are the three most common post-judgment motions.

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