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Wisconsin theft of removable property

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A friend of mine was convicted of what he called "theft of removable property" in Wisconsin. His mother passed away and his sister called the cops and told them that he had stolen property from the mother's home. I don't know the dollar amount of the property or if there was even a will. He received 4 years in prison and is appealing it, but does not know how to proceed or what grounds he has to stand on if there was a will. His sister was caught lying in court and he fired his attorney but the judge proceeded anyways. Do I need more information about his case in order to find out what he should do appeal-wise? And if so, what more info do I need to find out from him?

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A criminal appeal is not a do it yourself project.  You have to determine if the judge made an error of law and if so, was it critical to the conviction. Whether there was a will would not be relevant, I would think.  Since he received a prison sentence he was most likely convicted of grand theft.

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I understand that there is a lot involved in a criminal appeal. If the will gave him access to the property he removed, would that not change the sentence? And could he not use that as an error, that his attorney did not bring up or look for the will?

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What makes you think "the will gave him access to the property"?  First of all, you already told us that you don't know if there was a will.  Even if there was a will that left some property to your friend, unless the estate had been properly probated, the property belonged to the estate, not your friend.  Moreover, even if the terms of some hypothetical will provided some sort of defense, that should have been raised during the trial.  If that didn't happen, then it's no basis for an appeal, except, perhaps, for one based on ineffective assistance of counsel.  However, it wasn't your friend's attorney's job to "look for the will."  Where exactly was he supposed to look for it?  Also, if you don't know if there was a will, then you friend presumably didn't know if there was a will, so why would that have anything to do with the sentence?

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