eBook details
- Title: State Ex Rel Santana v. Endicott
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 14, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
1 In March 1996, Luis Santana was found guilty of two drug offenses. He neither perfected an appeal nor sought post-conviction remedies subsequent to his convictions. Years later, his direct appeal rights having long since expired, Santana sought habeas corpus relief in the circuit court. He requested reinstatement of his right to proceed under WIS. STAT RULE 809.30 (2003-04) on the ground of ineffective assistance of appointed counsel. The circuit court dismissed the petition. We affirm. Although Santana may seek habeas relief on his ineffective assistance claim, he started in the wrong forum. His petition faults appointed counsel for failure to pursue an appeal. State ex rel. Smalley v. Morgan, 211 Wis. 2d 795, 797-99, 565 N.W.2d 805 (Ct. App. 1997), unequivocally requires defendants to raise this type of ineffective assistance claim in a Knight petition to this court. That said, we emphasize that the dismissal below is without prejudice and that Santana may still file a Knight petition.