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10. Serial litigation bar

State ex rel. Gregory S. Gorak v. Michael Meisner, Warden, 2017AP39, District 1, 2/27/18 (not recommended for publication); case activity (including briefs) The circuit court denied Gorak’s petition for a writ of habeas corpus after deciding it was procedurally barred because the issues it raised had already been litigated and decided.  The court of appeals holds that… Read More

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State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09 Pro se Issue/Holding: State failure to argue, in the trial court, that Miller’s 974.06 motion was barred under Escalona-Naranjo waived the argument on appeal: ¶25   We conclude that application of the waiver rule is appropriate here, and therefore decline to address the State’s… Read More

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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

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