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STATE EX REL. COLEMAN v. McCAUGHTRY

No. 2004AP548-W.

290 Wis.2d 352 (2006)

2006 WI 49

714 N.W.2d 900

STATE of Wisconsin EX REL. Marvin COLEMAN, Petitioner-Petitioner, v. Gary R. McCAUGHTRY, Warden, Waupun Correctional Institution and Matthew J. Frank, Secretary, Department of Corrections, Respondents.

Supreme Court of Wisconsin.

Decided May 18, 2006.

Attorney(s) appearing for the Case

For the petitioner-petitioner there were briefs by Brian Kinstler and Kohler & Hart, LLP, Milwaukee, and oral argument by Brian Kinstler.

For the respondents the cause was argued by William L. Gansner, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

¶ 1. PATIENCE DRAKE ROGGENSACK, J.

This case requires us to review the denial of Marvin Coleman's petition for writ of habeas corpus, which alleged ineffective assistance of appellate counsel. The State asserted that his claim was barred by laches and the court of appeals agreed, dismissing Coleman's petition.

¶ 2. The State has the burden of proof in regard...

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