On Point: A. Type pf PCM

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 168, 517 N.W.2d 157 (1994),

on review of unpublished decision; case activity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 was convicted of first-degree reckless homicide sentenced to 55 years: 36 years’

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 that the supreme court has previously held that laches does not apply under § 974.06. 

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court of appeals decision (not recommended for publication); case activity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. 2d 1, 786 N.W.2d 124, discussed and applied.

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 2009,

State v. Dwain M. Staten, 2011AP916-CR, District 1, 5/8/12

court of appeals decision (not recommended for publication); for Staten: Michael J. Steinle; case activity

Postconviction DNA Testing, § 974.07 

Postconviction testing at state expense requires, among other things, that the defendant show a reasonable probability he wouldn’t have been prosecuted or convicted with exculpatory test results. Staten, whose defense to sexual assault was consent rather than misidentification,

State v. David D. Austin, 2011AP1042, District 1, 4/10/12

court of appeals decision (1-judge, not for publication); pro se; case activity

Because Austin was no longer in custody under the conviction he sought to collaterally attack pursuant to § 974.06, the court lacked jurisdiction to entertain his motion. It is not enough that he was in custody under some sentence, rather than the particular conviction he sought to attack:

¶12      Austin submits that the wording of Wis.

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 any exculpatory or impeachment evidence in the files,”

State v. Jeffery G. Sutton, 2012 WI 23, reversing summary order of court of appeals; for Sutton: Kaitlin A. Lamb, Colleen Ball, SPD, Milwaukee Appellate;  for amicus, WACDL: Robert R. Henak; case activity

Although presented with an unpreserved but seemingly meritorious issue (defective jury-waiver colloquy) on § 809.32 no-merit review, the court of appeals nonetheless accepted counsel’s no-merit report, thereby affirming Sutton’s conviction, and instructed him to seek relief pursuant to § 974.06 even though he was no longer in custody and the remedy was thus illusory.

on review of published opinion; for Avery: Keith A. Findley, Tricia J. Bushnell; case activity; prior post

Newly Discovered Evidence / Interest of Justice – New Forensic Method

Issues (composed by On Point): 

1. Whether new scientific photogrammetric analyses by expert witnesses, indicating that the suspect in video surveillance was shorter than Avery, entitles him to a new trial on the ground of newly discovered evidence.