State v. Tracy A. Stokes, 2011AP2379-CR, District 1, 8/7/12 court of appeals decision (1-judge, ineligible for publication); case activity Stokes’ § 974.06 motion didn’t “set forth any reason, much a sufficient reason, for failing” to raise in his prior postconviction motion the issues presently raised, therefore the issues are procedurally barred, State v. Escalona-Naranjo, 185 Wis. 2d… Read more
29. Postconv. Motions
on review of unpublished decision; case activity § 974.06 Motion – Serial Litigation Bar Issue (composed by on Point) Whether, following unsuccessful direct appeal, a motion raising a “non-constitutional” issue (propriety of DNA surcharge) operates as a “serial litigation” bar such that a subsequent § 974.06 motion alleging ineffective assistance of counsel is procedurally barred. Starks… Read more
State v. Terry G. Vollbrecht, 2012 WI App 90 (recommended for publication); case activity § 974.06 Motion – Laches Inapplicable ¶17 n. 14: While we acknowledge the State’s argument that Vollbrecht’s Wis. Stat. § 974.06 motion is barred by laches and its request that we certify the issue to the supreme court, we decline the State’s invitation. The State concedes… Read more
State v. Chavis T. Sheriff, 2011AP1202, District 2, 7/25/12 court of appeals decision (not recommended for publication); case activity Sheriff’s failure to respond to a no-merit report operates as a serial litigation bar to his subsequent, § 974.06 attempt to argue that trial and postconviction counsel were ineffective. State v. Allen, 2010 WI 89, 328 Wis… Read more
State v. Jerred Renard Washington / Jerred Renard Washington v. State, 2012 WI App 74 (recommended for publication); case activity (974.06); case activity (writ) Habeas (Knight Petition) – Laches Following his plea-based conviction in 1997, Washington’s retained counsel filed a postconviction 809.30 motion in 1998. Counsel did not file a notice of appeal, however, after the motion was denied. Then, in… Read more
State v. Alexander Velazquez-Perez, 2010AP001128-CR, District 1/4, 6/7/12 court of appeals decision (not recommended for publication); for Velazquez-Perez: David Leeper; case activity The court of appeals has authority to extend the deadline for filing a postconviction motion; Velazquez-Perez filed his motion within the deadline as extended by the court of appeals, and jurisdiction attached over appeal of… Read more
State v. Dwain M. Staten, 2011AP916-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Staten: Michael J. Steinle; case activity Postconviction DNA Testing, § 974.07 Postconviction testing at state expense requires, among other things, that the defendant show a reasonable probability he wouldn’t have been prosecuted or convicted with exculpatory test results. Staten… Read more
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
