[DOWNLOAD] "State Wisconsin Ex Rel. Jace C. Schmelzer" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State Wisconsin Ex Rel. Jace C. Schmelzer
• Author : Supreme Court of Wisconsin
• Release Date : January 22, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

ROLAND B. DAY, C.J. This case is before the court on review of a decision of the court of appeals denying a writ of habeas corpus. Jace C. Schmelzer (Schmelzer) petitioned this court for a writ of habeas corpus alleging that his former appellate counsel was ineffective in failing to file a timely petition for review of an unpublished opinion of the court of appeals affirming his conviction for second-degree sexual assault. This court ordered the petition transferred to the court of appeals. The court of appeals concluded that it did not have the authority to order this court to consider a petition for review, and thus denied the writ of habeas corpus. See State ex rel. Schmelzer v. Murphy, 195 Wis. 2d 1, 535 N.W.2d 459 (Ct. App. 1995). The issue in this case is whether there is a statutory right to counsel in the preparation of a petition for review to this court. We conclude that there is such a right to counsel, and that Schmelzer's counsel performed deficiently in failing to timely file his petition for review. However, we also conclude that the deficient performance did not prejudice Schmelzer's defense because his petition for review would not have been granted by this court. We therefore do not grant Schmelzer the relief he requested in his writ of habeas corpus. Following a jury trial, Schmelzer was convicted of one count of second-degree sexual assault and sentenced to ten years in prison. Schmelzer appealed his conviction, arguing that the circuit court erroneously allowed the state to impeach him with evidence of an incident occurring five years before the trial in which Schmelzer gave a false identity to a police officer and a Judge following his arrest on a traffic matter. The court of appeals, in an unpublished opinion, rejected Schmelzer's arguments and affirmed the conviction. The court of appeals issued its opinion on January 4, 1995. Schmelzer's attorney agreed to file a petition for review. Pursuant to Wis. Stat. § 808.10 (1993-94) and Wis. Stat. § (Rule) 809.62 (1993-94), Schmelzer's petition for review was due 30 days after issuance of the court of appeals opinion, or February 3, 1995. Schmelzer's attorney miscalculated the deadline for filing the petition, believing it was due on February 6, 1995. 1 On that date, Schmelzer's attorney filed a petition for review along with what he described as a ""draft of the reasons in support of granting the Petition"" and a motion asking for an extension of time to file the final draft of the reasons supporting the petition. This court issued an order dated February 6, 1995, dismissing the petition as untimely.

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