Congdon v. Jess

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN KODY J. CONGDON, Petitioner, v. Case No. 19-CV-1187 CATHY JESS, Respondent. DECISION AND ORDER 1. Facts and Procedural History There is no dispute that Kody Congdon did not commit the crime he was convicted of, third-degree sexual assault (ECF No. 21-5 at 36), an offense that proscribes non-consensual sexual intercourse,

Wis. Stat. § 940.225(3)1. He pled guilty to this offense despite denying ever having had sexual intercourse, see

Wis. Stat. § 939.22(36), with the victim. (ECF No. 21-5 at 56-74.) Even the state agreed that Congdon did…