State ex re. Lorenzo D. Kyles v. William Pollard, 2013 WI 38, reversing an unpublished court of appeals decision; case activity Settling a somewhat obscure but still important point of appellate procedure, the supreme court unanimously holds that when a defendant seeks to reinstate the deadline for filing a notice of intent to pursue postconviction relief under §… Read more
f. Extending deadlines
Review of an unpublished court of appeals decision that is not available online; case activity Issue: Whether a client alleging ineffective assistance of counsel based on his trial lawyer’s unavailability or failure to respond to a request for an appeal during the 20-day period for filing a notice of intent to pursue postconviction must raise his claim via a… Read more
State ex rel. Luis Santana v. Endicott, 2006 WI App 13 Issue/Holding1: A claim that lapsed direct appeal rights should be restored on the basis of ineffective assistance of counsel must be sought via habeas filed in the court of appeals, pursuant to State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992): ¶1 … Read more
State v. Christine M. Quackenbush / State v. Michael D. Lee, 2005 WI App 2 For Quackenbush: Tyler J. Tripp For Lee: Thomas F. Locante, SPD, La Crosse Trial For Amicus: Joseph N. Ehmann, SPD, Madison Appellate Issue1: Whether, in light of State v. Iran D. Evans, 2004 WI 84, the court of appeals retains any… Read more
State v. Keith E. Williams, 2005 WI App 122 For Williams: Christopher William Rose Issue/Holding: The court of appeals has authority to extend the defendant’s deadline for filing cross-appeal to State’s appeal of postconviction grant of new trial: ¶4 However, as the State points out, the jurisdiction of the circuit court was initially invoked by… Read more
State v. Iran D. Evans, 2004 WI 84, reversing unpublished decision of court of appeals For Evans: Robert R. Henak Issue/Holding: The petition for writ of habeas corpus procedure mandated by State v. Knight, 168 Wis. 2d 509, 522, 484 N.W.2d 540 (1992) is the exclusive mechanism for seeking reinstatement of direct appeal deadlines lost on account of… Read more
