State v. Lawrence Williams, 2010AP1028, District 1, 3/8/11 court of appeals decision (not recommended for publication); pro se; case activity; prior history: 220 Wis.2d 458, 583 N.W.2d 845 (Ct.App. 1998) Williams fails to provide a “sufficient reason” to overcome the serial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
5. 974.06, collateral attack
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State v. Paul Dwayne Westmoreland, 2009AP2288, District 1, 11/2/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp.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
Dane Co. DHS v. Tierra M., 2010AP1648, District 4, 9/23/10 court of appeals decision (1-judge, not for publication); for Tierra M.: Martha K. Askins, SPD, Madison Appellate The court rejects the idea that Tierra M.’s termination of parental rights wasn’t “fully tried” under the theory that the subsequently decided Sheboygan County Department of Health &… Read more
State v. Dimitri Henley, 2010 WI 97, on certification; prior history: unpublished decision; related: disqualification litigation; for Henley: Keith A. Findley, John A. Pray, Byron Lichstein; Amicus: SPD “Wisconsin circuit courts do not have the inherent authority to order a new trial in the interest of justice when a case is not before the court… Read more
State v. Aaron A. Allen, 2010 WI 89, affirming unpublished decision; for Allen: Robert R. Henak; BiC; Resp.; Reply ¶4 We conclude, following Wis. Stat. § 974.06, that a defendant is not required to file a response to a no-merit report. This means he is not required to raise issues in response to a… Read more
decision below: unpublished (2009AP118); for Burns: David R. Karpe Issue: Is the Appellant entitled to a new trial in the interests of justice where (a) the circuit court banned the Appellant from presenting evidence that the victim’s post-assaultive behavior and loss of virginity was due to her having been sexually assaulted by her grandfather rather… Read more
