Wilson v. Cromwell

Dist. Ct. did not err in denying defendant’s habeas petition, alleging that his trial and post-conviction counsel were ineffective, and that he presented sufficient new evidence of his actual innocence of murder charge that concerned shooting of individuals in street. While defendant argued that his trial counsel was ineffective because he failed to properly investigate charged offense, raise key defense or sufficiently cross-examine state witness, said claim was procedurally defaulted, where state court had disposed of said claim on adequate and independent basis, i.e., that defendant had inadequately pleaded said claim. Defendant also procedurally defaulted his ineffective assistance of post-conviction counsel claim, where due to his voluntary dismissal of said claim while it was pending in Wisconsin Supreme Ct., defendant could not make required showing that said claim had been previously ruled on at each and every level of state-court system. Moreover, while defendant presented evidence from new witness, who stated that someone else was actual shooter, said evidence fell short of establishing defendant’s actual innocence, where strong evidence contrary to new witness’s testimony remained in record, and where instant complex factual record pointed in several directions as to who was actual shooter, so as to preclude required finding that no reasonable fact-finder would have found defendant guilty. (Amended opinion.) (Dissent filed.)