Legal Opinion · Concurrence

State v. Evans

Wisconsin Supreme Court

Decided June 29, 2004No. 02-1869-CRPublished

1ConcurrenceN. Patrick Crooks, J.

¶ 61. {concurring). In the present case, the majority correctly concludes that Evans inappropriately brought his motion claiming ineffective assistance of counsel using Wis. Stat. § (Rule) 809.82(2) (2001-02)1. The majority, however, then declines to address the remaining issues raised before this court. Majority op., ¶ 59. While I agree with the majority that Evans should have brought his ineffective assistance of counsel claim using a habeas *237petition in accord with State v. Knight, 168 Wis. 2d 509, 522, 484 N.W.2d 540 (1992), I would not resolve this case based on the procedural issue…

2Cases cited5 opinions

  1. State v. KnightWisconsin Supreme Court · 1992
  2. Hawthorne v. StateWisconsin Supreme Court · 1981
  3. State v. FosterCourt of Appeals of Wisconsin · 1995
  4. State v. LeachCourt of Appeals of Wisconsin · 1984
  5. Terrell v. StateWisconsin Supreme Court · 1979

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