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
e. Serial litigation bar
State v. Christopher J. Anderson, 2009AP3053-CR, District 1, 3/27/12 court of appeals decision (not recommended for publication); pro se; case activity; prior history: 2008AP504-CR Anderson’s prior appeal established that “the trial court erred when it denied his request for an in camera review of [police] personnel files because he had both a constitutional and statutory right to… Read more
State v. David J. Balliette, 2011 WI 79, reversing unpublished decision; for Balliette: Steven D. Grunder, SPD, Madison Appellate; case activity Balliette’s pro se § 974.06 motion, asserting ineffective assistance of postconviction counsel for failing to raise ineffective assistance of trial counsel on direct appeal, was insufficiently pleaded to require an evidentiary hearing. Unless you’re an appellate… Read more
State v. Lawrence Williams, 2010AP1028, District 1, 3/8/11 court of appeals decision (not recommended for publication); pro se; case activity; prior history: 220 Wis.2d 458, 583 N.W.2d 845 (Ct.App. 1998) Williams fails to provide a “sufficient reason” to overcome the serial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
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State v. Paul Dwayne Westmoreland, 2009AP2288, District 1, 11/2/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp.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
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
