United States District Court, W.D. Wisconsin
ROBERTO I. LOPEZ, a/k/a MIGUEL A. DOTEL SIERRA Petitioner,
MICHAEL DITTMANN, Warden, Columbia Correctional Institution, Respondent.
OPINION AND ORDER
WILLIAM M. CONLEY DISTRICT JUDGE.
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.
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.
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.
that final denial in 2009, Lopez has pursued the following
unsuccessful state court attacks on his convictions in Case
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 ...