Legal Opinion
State v. Schlise
Wisconsin Supreme Court
Decided November 28, 1978No. 77-322-CRPublishedCited by 30 opinions
1Opinion of the CourtBeilfuss, C. J.
As stated above, this is an appeal from an order which denied a postconviction motion made pursuant to the provisions of sec. 974.06, Stats.
In defining the scope of this motion this court in Peterson v. State, 54 Wis.2d 370, 381, 195 N.W.2d 837 (1972) , 2 said:
“The postconviction motion under sec. 974.06, Stats., is not a substitute for a motion for a new trial. A sec. 974.06 motion can be made only after the defendant has exhausted his direct remedies which consist of a motion for a new trial and appeal. A sec. 974.06 motion is limited in scope to matters of jurisdiction or of constitutional…
2Cases cited25 opinions
- Lisenba v. CaliforniaSupreme Court of the United States · 1942
- United States v. BayerSupreme Court of the United States · 1947
- Reck v. PateSupreme Court of the United States · 1961
- Clewis v. TexasSupreme Court of the United States · 1967
- Leyra v. DennoSupreme Court of the United States · 1954
20 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. KnappWisconsin Supreme Court · 2005
- State v. DeanWisconsin Supreme Court · 1981
- Darrel McMorris v. Thomas Israel and Bronson C. LafolletteCourt of Appeals for the Seventh Circuit · 1981
- Barrera v. StateWisconsin Supreme Court · 1980
- Reyes Barrera, Jr. v. Warren YoungCourt of Appeals for the Seventh Circuit · 1986
25 more not listed; retrieve them via the Exa API.