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6. State’s defenses

State ex rel. Ezequiel Lopez Quintero v. Dittmann, 2019 WI 58, reversing and remanding a court of appeals memorandum opinion, case activity (including briefs) Go Remington Center for the 5-2 win in SCOW! The court of appeals dismissed R.C.’s habeas petition ex parte because it did not allege why Lopez Quintero waited 9 years to… Read More

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State ex rel. Joshua M. Wren v. Reed Richardson, 2017AP880, review of an unpublished court of appeals order granted 5/14/19; case activity Issue (from the petition for review): Whether a criminal defendant who was denied a direct appeal and consequently was also deprived of counsel on appeal due to his trial counsel’s failure to file… Read More

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State ex rel. Ezequiel Lopez-Quintero v. Michael A. Dittman, 2018AP203-W, petition for review of a memorandum opinion granted 6/11/18; case activity Issue (from the petition for review) Can the court of appeals apply an irrebuttable presumption of prejudice and deny ex parte a sufficiently pled petition for writ of habeas corpus solely for untimeliness, under Wis. Stat. §… Read More

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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 Gregory S. Gorak v. Michael Meisner, Warden, 2017AP39, District 1, 2/27/18 (not recommended for publication); case activity (including briefs) The circuit court denied Gorak’s petition for a writ of habeas corpus after deciding it was procedurally barred because the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State v. Eugene B. Santiago, 2016AP1267, District 2, 5/3/17 (not recommended for publication); case activity (including state’s brief) Santiago’s trial lawyer missed a charging error that led to an overstatement of the penalties Santiago faced; this failure doesn’t allow Santiago to withdraw his plea, however, because he fails to sufficiently allege that he would not have… Read More

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State ex re. Lorenzo D. Kyles v. William Pollard, 2013 WI 38, reversing an unpublished court of appeals decision; case activity Settling a somewhat obscure but still important point of appellate procedure, the supreme court unanimously holds that when a defendant seeks to reinstate the deadline for filing a notice of intent to pursue postconviction relief under §… Read More

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 State v. Tramell Starks,  2013 WI 69, affirming an unpublished court of appeals decision, case activity. Majority opinion by Justice Gableman, with a dissent by Justice Bradley and joined by Chief Justice Abrahamson and Justice Crooks On Point is pleased to present this guest post by Attorney Rob Henak, an expert on Wis. Stat. § 974.06… Read More

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Question Presented (from cert pet): In federal habeas proceedings, undersigned counsel raised for the first time a claim under Wiggins v. Smith, 539 U.S. 510 (2003), that trial counsel were ineffective for failing to investigate the extraordinary mitigating evidence in Mr. Trevino’s life. The federal proceeding was stayed to allow exhaustion, but the Texas Court of… Read More

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