United States District Court, E.D. Wisconsin
Stadtmueller U.S. District Judge
Terrell Davis (“Davis”) was found guilty by a
jury of his peers of committing three separate burglaries.
(Docket #15, Exs. 1-2). On December 23, 2010, the Department
of Corrections (“DOC”) released Mr. Davis to
extended supervision on all three convictions. (Docket #15,
Ex. 2 at 2). Thereafter, however, DOC alleged that Mr. Davis
violated various terms of his extended supervision (Docket
#15, Ex. 2 at 1), which ultimately led to his revocation from
supervised release (Docket #15, Ex. 2 at 4). Mr. Davis's
petition for a writ of habeas corpus challenging those
revocation proceedings is now before the Court. (Docket #1).
The matter is fully briefed and ripe for decision. (Docket
#23, #29, #34).
to the revocation proceedings at issue in this case, Mr.
Davis had been serving a term of supervised release in
connection three burglary convictions. (Docket #15, Ex. 2 at
2). Thereafter, DOC alleged that Mr. Davis violated his
extended supervision in five respects:
1. On or about 10/03/11, Mr. Davis trespassed on private
2. On or about 10/03/11, Mr. Davis was observed loitering;
3. On or about 08/31/11, Mr. Davis took property without the
4. On or about 08/31/11, Mr. Davis grabbed a victim by the
back of her neck without her permission;
5. On or about 09/29/11, Mr. Davis gained entry into private
property without the owner's permission.
(Docket #15, Ex. 2 at 1).
an evidentiary hearing on February 23, 2012, an
Administrative Law Judge dismissed the allegations
surrounding violations 1, 2, and 5, but revoked Mr.
Davis's extended supervision based on allegations 3 and
4. (Docket #15, Ex. 2 at 2-3). The Administrator for the
Division of Hearings and Appeals upheld that decision on
April 5, 2012. (Docket #15, Ex. 4). And, though Mr. Davis
filed a petition for certiorari review of the
revocation decision with the assistance of new counsel
(Docket #15, Ex. 5), the Milwaukee County Circuit Court
denied certiorari relief (Docket #15, Ex. 9). Mr.
Davis did not appeal. (Docket #15, Ex. 10).
the pendency of Mr. Davis's judicial review of his
revocation, he was convicted, after a jury trial, of criminal
charges stemming from the conduct underlying allegations 3
and 4. (Docket #15, Ex. 16 ¶ 13).
April 24, 2013, Mr. Davis filed a petition for writ of habeas
corpus in Milwaukee Circuit Court. (Docket #15, Ex. 11). In
that petition, Mr. Davis alleged that the attorneys
representing him in both the underlying revocation and the
certiorari proceedings provided ineffective
assistance of counsel. (Docket #15, Ex. 11; Ex. 16
¶¶ 9-10). The court denied habeas relief (Docket
#15, Ex. 11), and the Wisconsin Court of Appeals affirmed
(Docket #15, Ex. 16.) The Wisconsin Supreme Court denied Mr.
Davis's petition for review. (Docket #2 at 1.)
Mr. Davis filed the instant petition for writ of habeas
corpus. (Docket #1). Mr. Davis again challenges his
revocation, claiming he received ineffective assistance of
counsel from the attorney representing him during the
revocation litigation and from the ...