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Davis v. Douma

United States District Court, E.D. Wisconsin

January 18, 2017

BRUCE TERRELL DAVIS, Petitioner,
v.
TIM DOUMA, Respondent.

          ORDER

          J.P. Stadtmueller U.S. District Judge

         Bruce 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).

         1. BACKGROUND

         Prior 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 property;
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 owner's consent;
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).

         Following 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).

         During 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).

         On 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.)

         Next, 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 ...


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