State v. Robert Edwin Burkhardt, 2009AP2174-CR, District 1/4, 12/6/12 court of appeals decision (not recommended for publication); case activity Search & Seizure – Consent Consent to search isn’t vitiated by nonpretextual threat to obtain a search warrant: ¶16 … (I)t is well established that, “[t]hreatening to obtain a search warrant does not vitiate consent if ‘the… Read more
A. Type pf PCM
State v. Ouati K. Ali, 2011AP2169, District 4, 11/1/12 court of appeals decision (not recommended for publication); case activity Postconviction Proceedings – Right to Counsel A defendant has no constitutional right to counsel outside the direct appeal period, therefore Ali’s argument that failure to appoint counsel counsel to pursue DNA testing deprived him of due… Read more
State v. Robert J. Jacobson, 2011AP581, District 2/3, 10/24/12 court of appeals decision (not recommended for publication); case activity; prior history: 2003AP2023-CR (direct appeal), 2005AP1928 (Knight petition) Jacobson was convicted after jury trial on three counts of attempted homicide. He undertook an unsuccessful direct appeal, followed by a “Knight” habeas petition (the latter arguing that appellate… Read more
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
on review of unpublished decision; case activity § 974.06 Motion – Serial Litigation Bar Issue (composed by on Point) Whether, following unsuccessful direct appeal, a motion raising a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State v. Chavis T. Sheriff, 2011AP1202, District 2, 7/25/12 court of appeals decision (not recommended for publication); case activity Sheriff’s failure to respond to a no-merit report operates as a serial litigation bar to his subsequent, § 974.06 attempt to argue that trial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
