Categories: Wisconsin Court Opinions

POZO v. SCHNEITER, 2009 WI App 1

315 Wis.2d 769, 762 N.W.2d 863

Pozo v. Schneiter.[†]

No. 2007AP002345.Court of Appeals of Wisconsin.
November 13, 2008.

[†] Petition to review filed.

APPEAL from an order of the circuit court for La Crosse County: ELLIOTT M. LEVINE, Judge. Affirmed.

Before Dykman, Vergeront and Lundsten, JJ.

PER CURIAM.

¶ 1 Rodosvaldo Pozo appeals from an order denying his petition for a writ of habeas corpus. We affirm.

¶ 2 Pozo has previously sought and been denied relief under WIS. STAT. § 974.06 (2005-06).[1] Some of Pozo’s claims in the current habeas petition have already been litigated, and, therefore, he cannot raise them again. State v. Pozo, 2002 WI App 279, ¶ 9, 258 Wis. 2d 796, 654 N.W.2d 12. The remaining claims in Pozo’s prior §974.06 action were not previously raised, and, therefore, he must set forth a “valid reason” for not having raised them. Id. In his briefs on appeal, Pozo does not set forth a valid reason, or any reason, for not having raised his claims in prior postconviction proceedings. Therefore, all of the claims in the current habeas petition are procedurally barred.

By the Court. — Order affirmed.

This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)5.

[1] All references to the Wisconsin Statutes are to the 2005-06 version unless otherwise noted.

jdjungle