Court Error – Trial Transcripts

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Robert James Pope, Jr.

Case No.: 2017AP1720-CR

Officials: Kessler, P.J., Brennan and Dugan, JJ.

Focus: Court Error – Trial Transcripts

The State appeals the order of the postconviction court granting Robert James Pope, Jr.’s motion for a new trial. Pope was convicted by a jury of two counts of first-degree intentional homicide, as a party to the crime, on May 31, 1996. See WIS. STAT. §§ 940.01 and 939.05 (1995-96).  On July 2, 1996, the trial court sentenced Pope to two terms of life imprisonment, without parole.

Although trial counsel and Pope signed the WIS JI—CRIMINAL SM33 (Information On Postconviction Relief) indicating that Pope intended to seek postconviction relief and that trial counsel would timely file the required notice, there is no evidence that a notice of intent to pursue postconviction relief was timely filed. On September 16, 1997, Pope filed the first of his numerous pro se motions and appeals seeking to extend the time to file a notice of intent to seek postconviction relief and reinstatement of his direct appeal rights. On July 21, 2014, Pope filed a Knight petition for a writ of habeas corpus.

Ultimately, on August 16, 2016, the State and Pope’s appellate counsel stipulated and jointly moved this court for reinstatement of Pope’s direct appeal deadlines under WIS. STAT. RULE 809.30, and for an order extending the deadline to file a notice of intent to pursue postconviction relief and dismissal of his Knight petition. By order dated September 29, 2016, this court reinstated Pope’s direct appeal rights and dismissed his petition for a writ of habeas corpus.

On March 7, 2017, Pope filed a postconviction motion seeking a new trial on the grounds that the court reporters who transcribed the trial proceedings in 1996 no longer had their notes and, therefore, they could not provide transcripts for Pope’s trial. The postconviction court granted Pope’s motion, and this appeal followed.

On appeal, the State argues that the postconviction court erred as a matter of law in granting a new trial based only on the absence of a trial transcript, without requiring Pope to make the requisite threshold showing that he has one or more colorable claims of “reversible” error that the transcripts might sustain. We conclude that Pope has failed to assert a facially valid claim of error and, therefore, reverse the postconviction court’s order and reinstate Pope’s conviction.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.