Legal Opinion
Weber v. State
Wisconsin Supreme Court
Decided June 29, 1973No. State 170PublishedCited by 14 opinions
1Opinion of the CourtHeffernan, J.
The relief sought is under sec. 974.06, Stats. The issues that can be raised on that motion in the trial court and reviewed on appeal here are limited by the scope of the postconviction remedy statute. We said in Peterson v. State (1972), 54 Wis. 2d 370, 381, 195 N. W. 2d 837:
“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…
2Cases cited17 opinions
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- Jordan v. De GeorgeSupreme Court of the United States · 1951
- Thompson v. City of LouisvilleSupreme Court of the United States · 1960
- Just v. Marinette CountyWisconsin Supreme Court · 1972
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. SchumacherWisconsin Supreme Court · 1988
- John v. StateWisconsin Supreme Court · 1980
- Loop v. StateWisconsin Supreme Court · 1974
- State v. CopeningCourt of Appeals of Wisconsin · 1981
- Hebel v. StateWisconsin Supreme Court · 1973
9 more not listed; retrieve them via the Exa API.