7th Circuit rules Wis. Stats. sec. 974.06 relief is not direct review under AEDPA.

• Date: 23 April 2007

Byline: David Ziemer

A prisoner's motion for relief under Wis. Stats. sec. 974.06 is not "direct review" within the meaning of the Antiterrorism and Effective Death Penalty Act's one-year time limit for seeking federal habeas relief, the Seventh Circuit held on April 13. In 1990, Richard Graham was convicted in Wisconsin state court of felony murder and attempted armed robbery. He did not appeal or seek any post-conviction relief. In 2003, he sought relief pursuant to sec. 974.06, arguing that his consecutive sentences violated the Double Jeopardy Clause. The circuit court denied the motion, the court of appeals affirmed, and, on April 20, 2004, the Wisconsin Supreme Court denied...