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Criminal Procedure — successive appeals

By: WISCONSIN LAW JOURNAL STAFF//June 25, 2013//

Criminal Procedure — successive appeals

By: WISCONSIN LAW JOURNAL STAFF//June 25, 2013//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — successive appeals

Jermaine J. Funches, pro se, appeals a circuit court order denying his petition for a writ of habeas corpus. Funches asserts that his postconviction counsel gave him constitutionally ineffective assistance following his conviction for armed robbery. The circuit court denied relief, concluding that Funches should have filed his petition for a writ of habeas corpus in the court of appeals pursuant to State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992). We affirm on an alternate ground: Funches is not entitled to a writ because he asserts claims previously resolved in an earlier postconviction proceeding. This opinion will not be published.

2012AP2 State ex rel. Funches v. Smith, et al.

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

Attorneys: For Appellant: Funches, Jermaine J., pro se; For Respondent: Potter, Kevin C., Madison; Tarrant, Margaret E., Milwaukee; Wren, Christopher G., Madison

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