Narrative Opinion Summary
In these consolidated cases, the Supreme Court of Wisconsin reviewed the denial of habeas corpus petitions by parolees Micah E. Glenn and Peter D. Griffin, who alleged ineffective assistance of counsel after their attorneys failed to timely file petitions for writs of certiorari following parole revocation hearings. The court acknowledged that while there is no statutory right to counsel for certiorari filings, equitable relief is warranted due to the attorneys' assurances to file the petitions, which were not fulfilled. The court reversed the circuit court's dismissals and remanded the cases to reinstate the petitioners' rights to seek certiorari review. The court also addressed the statutory interpretation of administrative rules, concluding that the Wisconsin Administrative Code does not provide a continuous right to counsel through the parole revocation process. Furthermore, the court applied a newly established tolling rule prospectively, allowing it only in cases where certiorari review remains available, in line with equitable considerations. Chief Justice Shirley S. Abrahamson expressed concern over the unresolved issue of the right to counsel during administrative appeals, emphasizing its significance for procedural fairness and public safety. The court ultimately held that while statutory rights to counsel do not extend to certiorari filings, equitable tolling and relief are justified under the circumstances presented by Glenn and Griffin.
Legal Issues Addressed
Equitable Relief for Ineffective Assistance in Filing Certiorarisubscribe to see similar legal issues
Application: The court granted equitable relief since both petitioners timely requested their counsel to file for certiorari review, which counsel failed to do.
Reasoning: However, the court granted relief based on equitable principles, as both petitioners timely requested their counsel to file for certiorari review, which counsel assured them would be done but ultimately failed.
Equitable Tolling Based on Attorney's Actionssubscribe to see similar legal issues
Application: The court recognized that equitable tolling applies when an attorney fails to file a certiorari petition despite a timely request from the parolee.
Reasoning: Therefore, if petitioners timely request their attorney to file for certiorari and the attorney fails to do so, they are entitled to equitable relief, and the 45-day filing limit will be tolled from the date of the attorney's promise to file.
Interpretation of Administrative Regulationssubscribe to see similar legal issues
Application: Parolees claimed a right to counsel based on the Wisconsin Administrative Code, but the court found no support for continuous right to counsel during the entire parole revocation process.
Reasoning: The petitioners cite administrative and statutory provisions, claiming a right to counsel under the Wisconsin Administrative Code and Wis. Stat. § 977.05(6)(h) during revocation proceedings, including certiorari review.
Prospective Application of New Tolling Rulesubscribe to see similar legal issues
Application: The court decided that the new tolling rule should apply prospectively, affecting only cases where certiorari review remains available.
Reasoning: The court addresses whether the newly adopted tolling rule should apply prospectively or retroactively. The State argues for a prospective application, limiting it to cases where certiorari review is still available, including the cases of Glenn and Griffin.
Right to Counsel During Parole Revocation Hearingssubscribe to see similar legal issues
Application: The court acknowledged that parolees are entitled to counsel during parole revocation hearings but not for filing certiorari petitions in circuit court.
Reasoning: The court determined that while parolees are entitled to counsel during parole revocation hearings, there is no statutory right to counsel for filing certiorari petitions in circuit court.
Statutory Deadline for Certiorari Petitionssubscribe to see similar legal issues
Application: Wis. Stat. 893.735(2) sets a 45-day period for filing certiorari petitions, which the court acknowledged might be tolled under certain equitable circumstances.
Reasoning: The 45-day deadline for filing certiorari petitions is outlined in Wis. Stat. 893.735, which states that a prisoner's action is 'barred' unless timely filed, starting from the decision date.