Office of Crime Victim Services

Victim Appellate Notification

This program notifies crime victims of the outcome of offender appeals in felony appeals cases handled by the Department of Justice (DOJ).  DOJ notifies victim/witness office and the district attorney (from the trial court of the appeal).  The local victim/witness staff contacts the victim to determine whether that victim wants to register to receive notification, and from whom.  DOJ will notify victims of oral arguments if one is scheduled, and will also provide notice of the final decision.

♦ What is an Appeal?
♦ Will You Have to Testify?
♦ How Can You Be Notified of an Appeal?

What is an Appeal?

The criminal justice system can be a very complicated system to follow.  For a crime victim who is also coping with the crime and its effects, the entire process can be difficult and stressful.

Further complicating matters is the fact that, once there is a conviction and the case is thought to be finished, the defendant is guaranteed the right to appeal.  The Attorney General's Office has received an appellate brief from the defendant indicating that the case you were involved in is being appealed.

An appeal is a request by the losing party to have the Court of Appeals or the Supreme Court review the decisions made in the trial court.  Many of the issues raised on appeal concern how the circuit court judge managed the trial.  The issues are technical and usually do not question the defendant's guilt but rather the procedures used in the court process.  For instance, there may be questions about whether or not the judge should have allowed certain evidence to be presented or that he or she gave improper instructions to the jury.

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Will You Have to Testify?

In reviewing the case, the appellate court only considers the written record of what occurred at the trial court.  No new evidence or testimony is given.  Victims do not have to testify during appeal!

In fact, it is very rare for the parties to ever see the appellate court that is deciding their case.  Most appellate court decisions are based exclusively on court records and legal briefs.  Briefs are written arguments presented by both sides to persuade the appellate court on how to rule. 

Only in a small number of cases are oral arguments scheduled.  An oral argument is a short opportunity for for each party's attorney to persuade the court and answer any questions.  The argument, which usually lasts about an hour, will generally cover procedural and technical matters.  Victims will not be able to address the court during an oral argument.

Oral arguments are open to the public, but the defendant will not be present if he or she is in prison.  Victims are welcome to attend and plans can be made if you would like a victim services professional to accompany you.  To arrange for this service, please contact your county's victim/witness coordinator or the Department of Justice's Office of Crime Victim Services, 1-800-446-6564.

Ultimately, the appellate court's final decision will:

1) agree with the lower court and uphold the previous decision;
2) disagree with the lower court and overrule the previous decision; or
3) agree in part, disagree in part and send the case back for the lower court to resolve certain questions.

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How Can You Be Notified of an Appeal?

Victims are not required to be involved in a case that is appealed.  However, you may want to be informed that your case is being appealed and where the case is in the appeals process.  District attorneys, county victim/witness coordinators and the Wisconsin Department of Justice are working to ensure that a victim who wants information about the status of his or her case is notified at certain points during the appeal process.

If you would like to be notified of an appeal, you must complete a Victim Appellate Notification Card and return it to the Department of Justice's Office of Crime Victim Services.  This will register you for Victim Appellate Notification Services.  To be notified of the status of the appeal, YOU MUST BE REGISTERED!  The district attorney's office or victim/witness coordinator from the county where the case originated will help you register for appellate notification.  Victims are responsible for informing the county and state agencies of any address changes.

Notification of an appeal and victim services during the appeal will be through the district attorney's office, victim/witness coordinator or the Department of Justice's Office of Crime Victim Services.  Any one of these agencies is available to you for assistance or guidance.  For further information regarding victim services during appeal, please feel free to contact the district attorney's office, victim/witness program or the Wisconsin Department of Justice's Office of Crime Victim Services toll free at 1-800-446-6564; ask for the staff member who takes care of VANS, (Victim Appellate Notification Services)

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