Habeas Corpus

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WI Supreme Court

Case Name: State of Wisconsin ex rel. Ezequiel Lopez Quintero v. Michael A. Dittmann

Case No.: 2019 WI 58

Focus: Habeas Corpus

We review the court of appeals’ decision to summarily deny as untimely Ezequiel Lopez Quintero’s petition for habeas corpus seeking reinstatement of his right to file a direct appeal. Lopez-Quintero contends his petition satisfied all of the requirements under Wis. Stat. § (Rule) 809.51 (2015-16), and the court of appeals erred when it presumed, without ordering a response from the State, that his nine-year delay in filing his petition caused prejudice. We hold that neither the language of Rule 809.51 nor principles of equity require a habeas petitioner to allege timeliness in the petition. We overrule State ex rel. Smalley v. Morgan, 211 Wis. 2d 795, 565 N.W.2d 805 (Ct. App. 1997) (per curiam) abrogated in part by State ex rel. Coleman v. McCaughtry, 2006 WI 49, 290 Wis. 2d 352, 714 N.W.2d 900, which imposed a “prompt and speedy” pleading requirement on habeas petitioners. We reverse the decision of the court of appeals and remand for further proceedings.

Reversed and remanded

Concur: KELLY, J. concurs (opinion filed).

Dissent: ROGGENSACK, C.J. dissents, joined by ZIEGLER, J. (opinion filed).

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.