State v. Timothy Ray Anderson, 2009AP2416-CR, District 1, 8/17/10 court of appeals decision (3-judge, not recommended for publication); for Anderson: Jeremy C. Perri; BiC; Resp.; Reply Anderson’s postconviction motion for plea withdrawal, on the ground he didn’t understand that a charge “dismissed outright” could nonetheless be considered at sentencing, was properly denied without hearing. The… Read more
4. Litigating IAC
court of appeals decision (3-judge; not recommended for publication); pro se; Resp. Br. Postconviction Motion, IAC Claim Denial of Machner hearing upheld: defendant’s affidavit in support of motion “conclusory,” and claims otherwise contradicted by contemporaneous record… Read more
court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Ineffective Assistance Machner hearing not required because record “conclusively demonstrates” no deficient performance; nor can prejudice be shown from asserted deficiency… Read more
court of appeals decision (3-judge; not recommended for publication) Machner Hearing Postconviction motion conclusory, didn’t require Machner hearing on effective assistance. Recusal Judicial comments reflecting attempt to get Jackson to tell truth in connection with asserted problems with lawyer didn’t establish judicial bias. Sentencing Sentence taking into account primary factors and much less than maximum… Read more
State v. John Allen, 2004 WI 106, affirming unpublished decision For Allen: Michael J. Backes Issue/Holding: ¶14 A hearing on a postconviction motion is required only when the movant states sufficient material facts that, if true, would entitle the defendant to relief. …¶15 It has been said repeatedly that a postconviction motion for relief requires more than… Read more
