State Ex Rel. Coleman v. McCaughtry
Wisconsin Supreme Court
1Opinion of the CourtPatience Drake Roggensack, J.
¶ 1. This case requires us to review the denial of Marvin Coleman's petition for writ of habeas corpus, which *356alleged ineffective assistance of appellate counsel. The State asserted that his claim was barred by laches and the court of appeals agreed, dismissing Coleman's petition.
¶ 2. The State has the burden of proof in regard to all the elements of its laches defense. With that in mind and based on the record before us, we affirm the conclusion of the court of appeals that the State proved that Coleman unreasonably delayed in filing a petition for writ of habeas corpus as a matter of law.…
2Cases cited25 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Lyell Theatre Corp. v. Loews Corp.Court of Appeals for the Second Circuit · 1982
- United States Ex Rel. Smith v. BaldiSupreme Court of the United States · 1953
- State v. KnightWisconsin Supreme Court · 1992
- State v. JohnsonWisconsin Supreme Court · 1990
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