Postconviction Relief-Postconviction Pleading

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Khalif A. Love

Case No.: 2022AP000637

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Postconviction Relief-Postconviction Pleading

Love was convicted upon a jury’s verdict in 2012, for counts of second-degree reckless homicide by use of a dangerous weapon as a party to a crime and possession of a firearm by a felon, both with the habitual criminality penalty enhancer. Love’s convictions arose out of the shooting death of Jarrell Johnson outside of a club on North 27th Street on February 6, 2011. There were close to one hundred people at the bar when a fight broke out, chaos ensued, and the State alleged that Love shot two people, one of whom died.

Love appeals the order denying his WIS. STAT. § 974.06 (2021-22) motion for postconviction relief. Love argues he alleged sufficient material facts to entitle him to an evidentiary hearing on his claims of newly discovered evidence and ineffective assistance of counsel. Upon review, the appeals court concludes that Love’s pleading was insufficient and conclusory; therefore, his claims fail.

Affirmed.

Decided 10/17/23

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