District IV
March 10, 2014
To:
Hon. Patrick J. Fiedler
Circuit Court Judge
215 South Hamilton, Br 8, Rm 8103
Madison, WI 53703
Hon. Rebecca Rapp St. John
Circuit Court Judge
215 South Hamilton, Br 16, Rm 6105
Madison, WI 53703
Carlo Esqueda
Clerk of Circuit Court
Room 1000
215 South Hamilton
Madison, WI 53703
Thomas J. Balistreri
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Robert J. Kaiser Jr.
Asst. District Attorney
Rm. 3000
215 South Hamilton
Madison, WI 53703
Brian Kinstler
Kinstler Law Office, LLC
735 N. Water St., Ste. 729
Milwaukee, WI 53202-4118
You are hereby notified that the Court has entered the following opinion and order:
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2013AP158-CR |
State of Wisconsin v. Brian T. Lawler (L.C. # 2008CF1456) |
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Before Lundsten, Sherman and Kloppenburg, JJ.
Brian Lawler appeals a judgment convicting him of eight counts of stalking, and an order denying his supplemental motion for postconviction relief. Lawler claims that counsel provided ineffective assistance by failing to challenge the constitutionality of the anti-stalking statute, Wis. Stat. § 940.32 (2011-12),[1] on vagueness and overbreadth grounds. After reviewing the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21. We further conclude that the circuit court’s decision identified and applied the proper legal standards to the relevant facts to reach the correct conclusion. Specifically, we agree with the court’s analysis that counsel did not provide ineffective assistance by failing to raise claims foreclosed by the controlling precedent of State v. Ruesch, 214 Wis. 2d 548, 571 N.W.2d 898 (1997). We therefore incorporate into this order the circuit court’s decision, which we are attaching, and summarily affirm on that basis. See Wis. Ct. App. IOP VI(5)(a) (Nov. 30, 2009).
IT IS ORDERED that the judgment and postconviction order are summarily affirmed under Wis. Stat. Rule 809.21(1).
Diane M. Fremgen
Clerk of Court of Appeals
