Jimmie Miller v. Judy Smith

BAUER, Circuit Judge.

Jimmie L. Miller (“Miller”) was charged in Wisconsin state court on June 7, 2004, with First Degree Sexual Assault of a Child. Miller entered a plea of no contest and was sentenced to ten years in prison followed by twenty years of supervised release. In January 2006, Miller filed a notice of intent to pursue post-conviction relief on the basis that he failed to understand his original plea. The court appointed Attorney John J. Grau (“Grau”) to represent Miller in seeking post-conviction relief.

On January 12, 2007, Grau filed a post-conviction motion seeking resentencing…