United States District Court, E.D. Wisconsin
JEFFREY F. EVERS, Petitioner,
BRIAN FOSTER, Respondent.
Stadtmueller U.S. District Judge
August 14, 2014, a jury in the Milwaukee County Circuit Court
found Petitioner Jeffrey F. Evers (“Evers”)
guilty of kidnapping and first degree sexual assault using a
dangerous weapon. (Docket #1 at 2). Evers had forced a woman
to drive him around at gunpoint for a while and eventually
raped her. On September 30, 2014, he was sentenced to twenty
years' imprisonment to be followed by ten years of
supervised release. Id. Evers sought to appeal but
his counsel filed a no-merit report. His conviction was
summarily affirmed on January 25, 2017. Id. at 3.
Evers' subsequent petition for review to the Wisconsin
Supreme Court was denied on May 15, 2017. Id. Evers
filed the instant petition for a writ of habeas
corpus on August 22, 2017. Id. In accordance
with the Court's briefing schedule, Evers filed a brief
in support of his petition on February 7, 2018. (Docket #18).
Respondent submitted his brief in opposition on May 9, 2018.
(Docket #22). Evers filed a reply on June 7, 2018. (Docket
#23). For the reasons explained below, Evers' petition
must be denied.
noted above, Evers appealed his convictions and his appellate
counsel filed a no-merit report. See (Docket #16-2).
A no-merit report is permitted under Wisconsin law when
appointed counsel concludes that an appeal would be
“frivolous and without any arguable merit.”
Wis.Stat. § 809.32(1)(a) (citing Anders v.
California, 386 U.S. 738 (1967)). The report must
“identify anything in the record that might arguably
support the appeal and discuss the reasons why each
identified issue lacks merit.” Id. Evers filed
multiple responses to the no-merit report. See
(Docket #16-3 and #16-4). He claimed that his trial counsel
provided ineffective assistance to him on for numerous
(1) [F]ailing to investigate the credibility of the victim,
(2) failing to impeach the victim with a recording of her 911
(3) failing to move for a mistrial due to the victim's
unwillingness to answer certain questions on
(4) failing to investigate the credibility of the codefendant
who testified for the State,
(5) failing to impeach the testimony of Officer Karla Lehmann
about the victim's statement to another officer that no
one forced her into Evers' car,
(6) failing to explain the concept of lesser-included
offenses to him, and
(7) failing to obtain bank records of the victim revealing
her ATM transactions on the night in question.
State of Wisconsin v. Jeffrey F. Evers,
2015-AP-2592-CRNM, 2017 WL 389844, at *2 (Wis. Ct. App. Jan.
25, 2017) ...