Ezequiel Lopez-Quintero v. Michael A. Dittmann

DANIEL KELLY, J. (concurring).

¶31 We have previously suggested that a habeas petitioner must allege facts supporting the petition's timeliness (see State ex rel. Coleman v. McCaughtry, 2006 WI 49, ¶ 25, 290 Wis. 2d 352, 714 N.W.2d 900 ), which I believe is a good and prudent safeguard against abuse of this writ; but Coleman does not establish the timeliness *81element with clarity, and rather than announcing such an element in a contested case, I believe we should follow the federal court's example of adopting the requirement through rulemaking (see Fed. R. App. P. 9(a) ). With that caveat, I…