State v. Quentin J. Louis, 2009AP2502-CR, District 3, 3/15/11 court of appeals decision (not recommended for publication); for Louis: Edward J. Hunt; amicus, Wis. Innocence Project: Keith A. Findley, Peter Shawn Moreno; case activity Trial court grant of new trial in interest of justice upheld as proper exercise of discretion: the issue in controversy wasn’t… Read more
29. Postconv. Motions
State v. Lawrence Williams, 2010AP1028, District 1, 3/8/11 court of appeals decision (not recommended for publication); pro se; case activity; prior history: 220 Wis.2d 458, 583 N.W.2d 845 (Ct.App. 1998) Williams fails to provide a “sufficient reason” to overcome the serial litigation bar on his § 974.06 motion following direct appeal. He posits ineffective assistance of postconviction… Read more
Henry W. Skinner v. Switzer, USSC No. 09-9000, 3/7/11 A convicted state prisoner may utilize 42 U.S.C. § 1983 to seek DNA testing of crime-scene evidence. When may a state prisoner, complaining of unconstitutional state action, pursue a civil rights claim under §1983, and when is habeas corpus the prisoner’s sole remedy? … We summarized… Read more
State v. Terry L. Kletzien, Jr., 2011 WI App 22; for Kletzien: James A. Rebholz; case activity; Kletzien BiC; State Resp.; Reply In a prior appeal, Kletzien unsuccessfully challenged denial of postconviction discovery, 2008 WI App 182. (See, e.g., State v. O’Brien, 223 Wis. 2d 303, 321, 588 N.W.2d 8 (1999) (recognizing “a right to… Read more
State v. Charles A. Bouc, 2010AP180, District 2, 12/22/10 court of appeals decision (3-judge, not recommended for publication); for Bouc: Adam Walsh; case activity; Bouc BiC; State Resp.; Reply Effective Assistance – Plea Advice Counsel did not fall short of normative performance standards, where he weighed with his client the pros and cons of admissibility of… Read more
State v. Richard D. Sugden, 2010 WI App 166 (recommended for publication); for Sugden: Donald T. Lang, SPD, Madison Appellate; Sugden BiC; State Resp.; Reply Newly Discovered Evidence – Test – Generally ¶14 In order to be entitled to a new trial based on newly discovered evidence, Sugden must prove by clear and convincing evidence… Read more
State v. Paul Dwayne Westmoreland, 2009AP2288, District 1, 11/2/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Brief ¶14 Escalona-Naranjo requires that a defendant raise all grounds for postconviction relief in his or her first postconviction motion or in the defendant’s direct appeal. See id., 185 Wis. 2d at 185. A… Read more
7th circuit court of appeals decision, on habeas review of summary order of Wisconsin court of appeals Habeas – Procedural Default & No-Merit Report Johnson’s failure to assert an ineffective assistance of (trial) counsel claim in response to his appellate attorney’s no-merit report did not procedurally default that claim for purposes of subsequent collateral attack… Read more
