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eBook details

Title: State Ex Rel Burns v. Kingston
Author : State of Wisconsin in Court of Appeals District I
Release Date : January 28, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

1 Johnnie L. Burns appeals pro se from the circuit courts denial of his petition for a writ of habeas corpus. In his petition, Burns, who was convicted in 1989 of several armed robberies and other crimes, challenged as impermissibly suggestive his identification by victims at a police "showup." The circuit court denied the petition because it concluded that the record was insufficient to support Burns claims. We affirm the circuit courts decision, but we reach that result on different grounds than those employed by the circuit court. See State v. Holt, 128 Wis. 2d 110, 124, 382 N.W.2d 679 (Ct. App. 1985). We conclude that to the extent Burns litigated the propriety of the show-up in prior post-conviction proceedings, he was procedurally barred from re-litigating the issue. More importantly, we conclude that the supreme courts opinion in State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, on which Burns relies, is not retroactively applicable to this matter.