court of appeals decision (3-judge; not recommended for publication); pro se; Resp. Br. Serial Litigation Bar Collins’ § 974.06 motion is procedurally barred by his failure to allege a “sufficient reason” for not previously raising issues as part of his prior, no-merit appeal, ¶1. Bit more interesting than that, in the following sense: the court… Read more
e. Serial litigation bar
State v. David R. Kaster, 2006 WI App 72, PFR filed 4/26/06; prior appeal: 2003 WI App 105 For Kaster: Robert R. Kaster Issue/Holding: ¶9 Kaster next argues that the evidence was legally insufficient to sustain the disorderly conduct charge. …. Kaster has not demonstrated a “sufficient reason” under § 974.06(4) to overcome the fact… Read more
State v. Thomas A. Mikulance, 2006 WI App 69 Pro se Issue/Holding: A “narrow” exception to the serial litigation bar of § 974.06(4) and State v. Escalona-Naranjo, 185 Wis. 2d 168, 185, 517 N.W.2d 157 (1994) is established by State v. Flowers, 221 Wis. 2d 20, 27, 586 N.W.2d 175 (Ct. App. 1998), which “applies… Read more
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
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State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals; habeas relief denied, Lo v. Endicott, 7th Cir No. 06-3948, 10/26/07 For Lo: Robert R. Henak Amicus Briefs: Joseph N. Ehmann, Wm.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
