State Ex Rel. Smalley v. Morgan

Barry Lee Smalley, proceeding pro se, has filed a petition for a writ of habeas corpus under State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992), alleging that his appointed counsel was ineffective for failing to pursue an appeal on his behalf. Because we conclude that Smalley did not timely file his petition, we deny it ex parte. See Rule 809.51(2), Stats.

Smalley's petition alleges that he is imprisoned pursuant to an August 1988 judgment of conviction in Kenosha county circuit court case No. 87-CF-372. Smalley was convicted as a repeat offender of two counts of second-degree sexual…