Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lopez v. Dittmann

United States District Court, W.D. Wisconsin

May 15, 2018

ROBERTO I. LOPEZ, a/k/a MIGUEL A. DOTEL SIERRA Petitioner,
v.
MICHAEL DITTMANN, Warden, Columbia Correctional Institution, Respondent.

          OPINION AND ORDER

          WILLIAM M. CONLEY DISTRICT JUDGE.

         Petitioner Roberto I. Lopez filed this petition seeking to challenge his convictions on two counts of felony murder under 28 U.S.C. § 2254, based on a violation of his Miranda rights, insufficiency of the criminal complaint, his wrongful extradition and prosecutorial misconduct. The court ordered a response, and now pending is the respondent's motion to dismiss on statute of limitations grounds (dkt. #22), as well as petitioner's renewed request for assistance in recruiting counsel (dkt. #29). For the following reasons, the court will grant respondent's motion and deny petitioner's motion as moot.

         BACKGROUND

         Following a guilty plea, Lopez was convicted on January 8, 2007, in Milwaukee County Circuit Case Case No. 2002CF3278. Before sentencing, Lopez filed a motion to withdraw his plea. Following a hearing, the circuit court held that: (1) Lopez had not presented a fair and just reason to withdraw his plea; and (2) the state would be substantially prejudiced if he were allowed to do so. After denying Lopez's motion, the court sentenced him to 20 years of initial confinement followed by 15 years of extended supervision on each count, to run concurrently.

         Lopez then filed a post-conviction motion to withdraw his plea under Wis.Stat. § 809.30, arguing that his trial counsel had coerced Lopez into pleading guilty and provided ineffective assistance by failing to present any evidence or testimony on Lopez's behalf at the hearing on his motion to withdraw his plea. The circuit court denied Lopez's post-conviction motion without a hearing, which the Wisconsin Court of Appeals affirmed on December 9, 2008. Finally, the Wisconsin Supreme Court denied his petition for review on April 14, 2009.

         Since that final denial in 2009, Lopez has pursued the following unsuccessful state court attacks on his convictions in Case No. 2002CF3278:

1. Motion for post-conviction relief from a guilty plea pursuant to Wis.Stat. § 974.06, filed April 30 and denied May 5, 2009, which Lopez appealed on May 19, 2009, but was affirmed and remittitur issued March 10, 2010. State v. Lopez, No. 2009AP1300, 2010 WL 346296 (Wis. Ct. App. Feb. 2, 2010).
2. Motion to vacate the DNA surcharge, filed April 16 and denied April 20, 2010.
3. Second motion to vacate the DNA surcharge, filed May 25 and denied June 2, 2010.
4. Third motion to vacate the DNA surcharge, filed October 6 and denied October 25, 2010.
5. Third motion to withdraw guilty plea, filed November 30, 2010, and denied that same day.
6. Fourth motion to vacate the DNA surcharge, filed September 26 and denied October 4, 2011.
7. Fourth motion to withdraw plea, filed April 30m denied May 1, 2013, and appealed on July 31, but later voluntarily dismissed with remittitur issued December 4, 2013.
8. Fifth motion to withdraw plea, filed October 7 and denied October 10, 2013, which he appealed on October 18, 2013, but voluntarily dismissed with ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.