State v. Michael J. Viezbicke, 2021AP2172, District 2, 10/12/22 (one-judge decision; ineligible for publication); case activity (including briefs) Viezbicke filed a postconviction motion under § 974.06 challenging his convictions in a 2017 misdemeanor case. The court of appeals holds the motion was barred because he is no longer in custody under the sentence imposed in… Read more
f. Custody requirement
State v. David D. Austin, 2011AP1042, District 1, 4/10/12 court of appeals decision (1-judge, not for publication); pro se; case activity Because Austin was no longer in custody under the conviction he sought to collaterally attack pursuant to § 974.06, the court lacked jurisdiction to entertain his motion. It is not enough that he was in… Read more
State v. Jeffery G. Sutton, 2012 WI 23, reversing summary order of court of appeals; for Sutton: Kaitlin A. Lamb, Colleen Ball, SPD, Milwaukee Appellate; for amicus, WACDL: Robert R. Henak; case activity Although presented with an unpreserved but seemingly meritorious issue (defective jury-waiver colloquy) on § 809.32 no-merit review, the court of appeals nonetheless accepted counsel’s no-merit… Read more
court of appeals decision (1-judge; not for publication); pro se; Resp. Br. Custody Requirement, sec. 974.06 ¶7 However, Olson is barred from collaterally attacking his criminal conviction under Wis. Stat. § 974.06 because he is no longer “‘in custody under sentence of a court.’” See State v. Theoharopoulos, 72 Wis. 2d 327, 329, 240 N.W.2d 635… Read more
State v. Donald Mentzel, 218 Wis. 2d 734, 581 N.W.2d 581 (Ct. App. 1998) For Mentzel: Raymond M. Dall’Osto Issue/Holding: We agree with the logic of Napoles. For purposes of § 974.06, Stats., the reality of a probationary status is that it results directly from the trial court’s consideration of dispositional alternatives at a sentencing… Read more
