State v. Ricky J. Fortier, 2006 WI App 11 Issue/Holding: Fortier’s failure to respond to no merit report does not, under the circumstances, work serial litigation bar to subsequent, arguably meritorious challenge to sentence: ¶15 Fortier contends that he should not be precluded from raising the issue of a sentence illegally raised upon resentencing, even… Read more
5. 974.06, collateral attack
State v. Ralph D. Armstrong, 2005 WI 119, reversing unpublished decision For Armstrong: Jerome Buting; Barry Scheck Issue/Holding: Supreme court has both statutory and inherent authority to order new trial in the interest of justice, even on collateral review (as opposed to direct appeal), ¶¶119-24. (State v. Allen, 159 Wis. 2d 53, 464 N.W.2d 426… Read more
State v. Tommie Thames, 2005 WI App 101 Pro se Issue/Holding: ¶12 We conclude that Thames’s arguments are procedurally barred. Thames has raised essentially the same issues he raised in his direct appeal and in his 1997 Wis. Stat. § 974.06 motion. The fact that Thames’s appeal of the trial court’s order denying his 1997 § 974.06… Read more
State v. Christopher G. Tillman, 2005 WI App 71 Tillman, pro se Issue/Holding: ¶2. The issue on the instant appeal is whether the procedural bar of Escalona-Naranjo may be applied when a prior appeal was processed under the no merit procedure set forth in Wis. Stat. Rule 809.32. For the reasons stated below, we conclude… Read more
State v. Thomas H. Bush (II), 2004 WI App 193, reversed in part, 2005 WI 103 For Bush: Robert G. LeBell Issue: Whether Bush, on appeal from denial of petition for release from SVP commitment, § 980.09(2), is procedurally barred from challenging the constitutionality of his underlying commitment because he could have raised such challenge… Read more
State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals; habeas relief denied, Lo v. Endicott, 7th Cir No. 06-3948, 10/26/07 For Lo: Robert R. Henak Amicus Briefs: Joseph N. Ehmann, Wm. J. Tyroler, SPD; Meredith J. Ross, Walter J. Dickey, UW Law School Issue/Holding: ¶2. The petitioner, Anou Lo, asks… Read more
State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether defendant is entitled to have reviewed on the merits issues that either were, or could have been, raised on prior appeals. Holding: ¶13. On appeal, Casteel raises three arguments, two of which we previously have addressed. He provides no reasoning why he could… Read more
State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997) / State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification For Warren: Ralph A. Kalal Issue: Whether Warren was entitled to appointment of counsel… Read more
