Wisconsin Statutes
Wis. Stat. § 973.18 (2026)
Notice of rights to appeal and representation
✓ current as of July 2026
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973.18(1)(1) In this section, “postconviction relief” and “sentencing” have the meanings ascribed in s. 809.30 (1).
973.18(2)(2) The trial judge shall personally inform the defendant at the time of sentencing of the right to seek postconviction relief and, if indigent, the right to the assistance of the state public defender.
973.18(3)(3) Before adjourning the sentencing proceeding, the judge shall direct the defendant and defendant’s trial counsel to sign a form to be entered in the record, indicating that the lawyer has counseled the defendant regarding the decision to seek postconviction relief, and that the defendant understands that a notice of intent to pursue postconviction relief must be filed in the trial court within 20 days after sentencing for that right to be preserved.
973.18(4)(4) The judge shall direct the defendant’s counsel to confer with the defendant before signing the form, during the proceeding or as soon thereafter as practicable, and may make appropriate orders to allow the defendant to confer with counsel before being transferred to the state prison. The defendant shall be given a copy of the form.
973.18(5)(5) If the defendant desires to pursue postconviction relief, the defendant’s trial counsel shall file the notice required by s. 809.30 (2) (b).
973.18 NoteJudicial Council Note, 1984: Sub. (2) is similar to prior s. 809.30 (1) (b). Subs. (3) and (4) codify State v. Argiz, 101 Wis. 2d 546, 305 N.W.2d 124 (1981). Sub. (5) codifies trial counsel’s continuing duty to provide representation until appellate counsel is retained or appointed. Whitmore v. State, 56 Wis. 2d 706, 203 NW 2d 56 (1973). [Re order effective July 1, 1985]
Notes of Decisions
Cited in 8
cases, 1992–2020 · leading case: Ezequiel Lopez-Quintero v. Michael A. Dittmann, 928 N.W.2d 480 (Wis. 2019).
Ezequiel Lopez-Quintero v. Michael A. Dittmann, 928 N.W.2d 480 (Wis. 2019). “"8 See Wis. Stat. § 973.18 (5) (explaining that "[i]f the defendant desires to 8 The dissent misjudges Lopez-Quintero's habeas petition as insufficient because he did not allege making "a specific request of counsel to appeal" and accuses the court of "adding facts to the…”
State v. Evans, 2004 WI 84 (Wis. 2004). “Wis. Stat. § 973.18 . ¶ 28. A defendant's first option for postconviction relief is a motion under Wis.”
State v. Carrie E. Counihan, 2020 WI 12 (Wis. 2020). “" The circuit court further commented on the propriety of seeking out similar cases from the county, stating: [W]hen I sentenced Miss Counihan I had been on the bench for about three or four months at that Counihan also asserted that her counsel was ineffective at 4 sentencing…”
State Ex Rel. Flores v. State, 516 N.W.2d 362 (Wis. 1994). “A codification of procedures concerning the notice of rights to appeal and representation are contained in sec. 973.18, Stats. This court has also taken measures to ensure that criminal defendants are adequately represented from the point of sentencing through to prosecution of…”
State v. Flores, 488 N.W.2d 116 (Wis. Ct. App. 1992). “30(2); see also sec. 973.18(5), Stats. In this case, following his conviction, Flores filed a Notice of Intent to Pursue Postconviction Relief pursuant to Rule 809.”
Lorenzo D. Kyles v. William Pollard, 2014 WI 38 (Wis. 2014). “§ 973.18(5) states: "If the defendant desires to pursue postconviction relief, the defendant's trial counsel shall file the notice required by s.”
Ezequiel Lopez-Quintero v. Michael A. Dittmann (Wis. 2019). “"8 See Wis. Stat. § 973.18 (5) (explaining that "[i]f the defendant desires to 8 The dissent misjudges Lopez-Quintero's habeas petition as insufficient because he did not allege making "a specific request of counsel to appeal" and accuses the court of "adding facts to the…”
State v. Counihan, 923 N.W.2d 180 (Wis. Ct. App. 2018). “However, the court ultimately concluded that Counihan was not prejudiced by this oversight because Counihan signed a notice of her right to seek post-conviction relief, and because her counsel testified that he went over the form and her rights with her.”
— Wis. Stat. § 973.18(2) — 1 case
State v. Counihan, 923 N.W.2d 180 (Wis. Ct. App. 2018). “However, the court ultimately concluded that Counihan was not prejudiced by this oversight because Counihan signed a notice of her right to seek post-conviction relief, and because her counsel testified that he went over the form and her rights with her.”
— Wis. Stat. § 973.18(3) — 2 cases
Ezequiel Lopez-Quintero v. Michael A. Dittmann, 928 N.W.2d 480 (Wis. 2019). “"8 See Wis. Stat. § 973.18 (5) (explaining that "[i]f the defendant desires to 8 The dissent misjudges Lopez-Quintero's habeas petition as insufficient because he did not allege making "a specific request of counsel to appeal" and accuses the court of "adding facts to the…”
Ezequiel Lopez-Quintero v. Michael A. Dittmann (Wis. 2019). “"8 See Wis. Stat. § 973.18 (5) (explaining that "[i]f the defendant desires to 8 The dissent misjudges Lopez-Quintero's habeas petition as insufficient because he did not allege making "a specific request of counsel to appeal" and accuses the court of "adding facts to the…”
— Wis. Stat. § 973.18(5) — 2 cases
State v. Flores, 488 N.W.2d 116 (Wis. Ct. App. 1992). “30(2); see also sec. 973.18(5), Stats. In this case, following his conviction, Flores filed a Notice of Intent to Pursue Postconviction Relief pursuant to Rule 809.”
Lorenzo D. Kyles v. William Pollard, 2014 WI 38 (Wis. 2014). “§ 973.18(5) states: "If the defendant desires to pursue postconviction relief, the defendant's trial counsel shall file the notice required by s.”
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