District IV
January 15, 2015
To:
Hon. Stephen E. Ehlke
Circuit Court Judge
215 South Hamilton, Br.15, Rm. 7107
Madison, WI 53703
Carlo Esqueda
Clerk of Circuit Court
Room 1000
215 South Hamilton
Madison, WI 53703
Ismael R. Ozanne
District Attorney
Rm. 3000
215 South Hamilton
Madison, WI 53703
Christopher G. Wren
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Johnathan L. Franklin 347408
Stanley Corr. Inst.
100 Corrections Drive
Stanley, WI 54768
You are hereby notified that the Court has entered the following opinion and order:
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2013AP1420 2013AP1421 |
State of Wisconsin v. Johnathan L. Franklin (L.C. # 1996CF1253) State of Wisconsin v. Johnathan L. Franklin (L.C. # 1996CF1902) |
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Before Lundsten, Sherman and Kloppenburg, JJ.
Johnathan Franklin, pro se, appeals the circuit court’s orders denying his motion for postconviction relief under Wis. Stat. § 974.06 (2011-12)[1] and an order denying reconsideration of that decision. 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 dated May 20, 2013, 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 the arguments raised in Franklin’s postconviction motion are procedurally barred. See State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). 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).
The State requests sanctions for frivolity under State v. Casteel, 2001 WI App 188, ¶¶23-27, 247 Wis. 2d 451, 634 N.W.2d 338, including an order limiting Franklin’s future filings and making Franklin responsible for the full filing fee for this appeal. We decline to impose sanctions at this time, but we caution Franklin that continued litigation on points previously addressed and rejected, if such litigation is deemed frivolous, may subject him to sanctions.
IT IS ORDERED that the orders are summarily affirmed under Wis. Stat. Rule 809.21(1).
Diane M. Fremgen
Clerk of Court of Appeals
