State Ex Rel. Schmidt v. Cooke

Daniel Kevin Schmidt has filed a petition for habeas corpus under State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992). The state has filed a response in opposition to the petition, and Schmidt has filed a response to the state's response.

This is Schmidt's second petition for habeas corpus seeking relief under Knight. The first petition was denied by this court on February 23, 1993. State ex rel. Schmidt v. Gudmanson, No. 93-0164-W.

We deem the dispositive issue to be whether a defendant can file more than one petition seeking relief under Knight. The state argues that a defendant should be…