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STATE EX REL. SMALLEY v. MORGAN

No. 96-2842-W.

211 Wis.2d 795 (1997)

565 N.W.2d 805

STATE of Wisconsin EX REL. Barry Lee SMALLEY, Petitioner, v. Kenneth R. MORGAN, Warden, Racine Correctional Institution, Respondent.

Court of Appeals of Wisconsin.

Decided May 21, 1997.

Attorney(s) appearing for the Case

On behalf of the petitioner, the cause was submitted on the petition of Barry Lee Smalley, pro se, of Oshkosh.

No memorandum was submitted by the respondent.

Before Snyder, P.J., Nettesheim and Anderson, JJ.

PER CURIAM.

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.

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