Criminal Procedure — habeas corpus — ineffective assistance

Listen to this article

Wisconsin Supreme Court

Criminal

Criminal Procedure — habeas corpus — ineffective assistance

Where a defendant claims his attorney failed to file a timely notice of intent to seek postconvcition relief, the court of appeals is the proper forum. “We determine that the court where the alleged ineffective assistance of counsel occurred is the proper forum in which to seek relief unless that forum is unable to provide the relief necessary to address the ineffectiveness claim. The remedy for an attorney’s failure to file a notice of intent to pursue postconviction relief is an extension of the timeframe to file the notice. Because the circuit court is without authority to extend the deadline to file a notice of intent to pursue postconviction relief, we conclude that the proper forum here lies in the court of appeals. We also determine that where such a claim is made to the court of appeals it should be in the form of a habeas petition pursuant to Knight.”

Reversed and Remanded.

2012AP378-W State of Wisconsin ex rel. Kyles v. Pollard

Bradley, J.

Attorneys: For Appellant: Henak, Robert R., Milwaukee; For Respondent: Potter, Kevin C., Madison; O’Neil, Aaron R., Madison