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Notice Of Right To Seek Postconviction Relief CR-233 - Wisconsin
|Notice Of Right To Seek Postconviction Relief Form. This is a Wisconsin form and can be used in Criminal Circuit Court Statewide .||
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Form Summary Name of Form: Form Number: Statutory Reference: BenchBook Reference Purpose of Form: Notice of Right to Seek Postconviction Relief CR-233 §973.18, Wisconsin Statutes CR 34-16 To inform criminal defendants after sentencing that they have the right to seek postconviction relief. To document that sentencing counsel has counseled the defendant about seeking postconviction relief. Defendant and defense attorney, if any. Original to court file, copy to defendant and defense attorney. New form. The Notice of Appeal, previously Information on Postconviction Relief, SM-33, WJI-Crim provided the basis for this form. The defendant indicates that he or she understands his or her right to seek postconviction relief. The defendant must sign and the defense counsel must certify that counsel has advised the defendant about whether and how to seek postconviction relief. Wisconsin Statutes §973.18(4) requires that to take place at sentencing or as soon thereafter as practicable. Three checkboxes allow the defendant to indicate that he or she plans to seek postconviction relief, does not plan to do so, or is undecided, but knows that her or she has 20 days to make a decision and communicate it to counsel. Defense counsel is obligated to continue representation until the Notice of Intent is filed. Filing this Notice does not obligate defense counsel to represent the defendant in postconviction proceedings. This form is the product of the Wisconsin Record Management Committee and the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it as a separate page to this form. The form itself shall not be altered. Who Completes It: Distribution of Form: New Form: Comments: About this Form: Date: 01/12/00 2001 © American LegalNet, Inc. For Official Use STATE OF WISCONSIN, CIRCUIT COURT, State of Wisconsin, Plaintiff, -vs, Defendant Name COUNTY Notice of Right to Seek Postconviction Relief Case No. TO THE DEFENDANT: You have the right to seek postconviction relief from the judgment in this case. If you were represented by a lawyer at your sentencing, it is that lawyer's responsibility to assist you in deciding whether to seek postconviction relief. If you decide to seek postconviction relief, you or your lawyer must file a Notice of Intent to Seek Postconviction Relief. The Notice of Intent must be filed in the trial court within 20 days. If you had a lawyer at sentencing, and if you give your lawyer timely notice that you have decided to seek postconviction relief, it is your lawyer's duty to see that your Notice of Intent is properly filed in this court and served on the District Attorney. After filing the Notice of Intent, your lawyer does not have to represent you further unless you hire him or her to do so. If you intend to seek postconviction relief but cannot afford a lawyer, you have the right to request that a lawyer be appointed to assist you by the State Public Defender. DEFENDANT'S ACKNOWLEDGEMENT: I have discussed my right to seek postconviction relief with the lawyer who represented me at sentencing, if any. I understand that if I intend to seek postconviction relief, I must file a Notice of Intent in the trial court within 20 days after sentencing and send a copy to the District Attorney. If I want my lawyer to file the Notice of Intent for me, I must timely inform my lawyer of my decision to seek postconviction relief. I have received a copy of this Notice. I plan to seek postconviction relief. I do not plan to seek postconviction relief. I am undecided about seeking postconviction relief and I know I need to decide and tell my lawyer within 20 days. Signature of Defendant Date ATTORNEY CERTIFICATION: I have counseled the defendant about the decision to seek postconviction relief. I have informed the defendant that this decision must be made and communicated to me within 20 days of sentencing. I believe the defendant understands the right to postconviction relief and the 20 day time limit. I understand that it is my duty to file the Notice of Intent to Pursue Postconviction Relief on behalf of the defendant if that intent is timely communicated to me. Signature of Defense Attorney Date Distribution: Original to court. Copy: Defendant, Defense Attorney CR-233, 01/00 Notice of Right to Seek Postconviction Relief §973.18, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. 2001 © American LegalNet, Inc.