Criminal Procedure — habeas corpus — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — habeas corpus — ineffective assistance

Angel Rodriguez, pro se, appeals from a circuit court order dismissing his petition for a writ of habeas corpus. Rodriguez argues that the circuit court erroneously dismissed his petition, without considering its merits, on grounds that the petition should have been filed with the court of appeals rather than with the circuit court. We agree with Rodriguez that the petition was properly brought in the circuit court. However, we affirm the dismissal of the petition on other grounds because we conclude that Rodriguez is not entitled to habeas corpus relief. We also reject Rodriguez’s assertion that the circuit court is liable to pay Rodriguez $1000 pursuant to Wis. Stat. § 782.09 (2009-10). This opinion will not be published.

2012AP240 State ex rel. Rodriguez v. Dittman

Dist I, Milwaukee County, Cooper, J., Per Curiam

Attorneys: For Appellant: Rodriguez, Angel, pro se; For Respondent: Tarrant, Margaret E., Milwaukee; Sanders, Michael C., Madison