Federal Appeal-1

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PETITION UNDER 28 U.S.C. 2254 FOR WRIT OF
HABEAS CORPUS BY A PERSON IN STATE CUSTODY


UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

Richard M. Pease, Jr., #216452
Waupun Correctional Institution
P.O. Box 351
Waupun, Wisconsin, 53963

RICHARD M. PEASE, JR., vs. GARY R. McCAUGHTRY

1. Court where Judgment of Conviction was entered: Circuit Court of Winnebago
County, Branch II, Oshkosh, Wisconsin.

2. Length of Sentence: Life (parole eligibility after 30 years + 10 years consecutive).

3. Date of Judgment of Conviction: October 19, 1990

4. Nature of Offense involved (All Counts): First Degree Intentional Homicide (Party to the Crime) Kidnapping, 10 years, consecutive to count one, False Imprisonment, 2 years concurrent to count two, Pointing a firearm, 9 months concurrent to count two, Aiding a Felon, 2 years concurrent to count two.

5. What was your Plea? Not Guilty

6. If you pleaded not guilty, what kind of trial did you have? Jury Trial

7. Did you testify at Trial? No

8. Did you appeal from the judgment of conviction? Yes


9. If your answer to 8 was yes attach a copy of the Appeals Court decision to this petition and answer the following:

(a) Name of court: Winnebago County Circuit Court
(b) Result: Motion Denied
(c) Result and citation: April 9, 1992 # 90-CF-215
(d) List all Grounds raised: Ineffective Assistance of Counsel, Prosecutorial Misconduct



10. Did you seek further review of the post conviction decision by a higher state court? Yes

11. Did you seek further review of the post conviction decision by a higher state court? Yes

12. If your answer to 11 was yes attach a copy of the higher state courts decision to this petition and answer the following:

Name of court: Wisconsin Court of Appeals, District II
Result: Judgment Affirmed-Relief Denied
Date of result and citation, if known: April 28, 1993
List all Grounds: Ineffective Assistance of Counsel and Prosecutorial Misconduct.

13. Did you appeal this to the Wisconsin State Supreme Court? Yes

(a) Result: Denied
(b) Date of result and citation, if known: June 3, 1993
(c) List all Grounds: To enlarge the time to file the petition to the State Supreme Court.

14. Did you file a petition for certiorari in the United States Supreme Court? No

15. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions with respect to this judgment in any court, state or federal? Yes

(a) Name of Court: United States District Court, Eastern District of Wisconsin.
(b) Result: Denied, did not go to WI Supreme Ct.
(c) Date of result : June 8, 1995



16. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions with respect to this judgment in any court, state or federal? Yes

(a) Name of Court: Winnebago County Circuit Court, Branch II
(b) Nature of proceeding: 974.06
(c) Date filed: May 24, 1999
List all the grounds you raised: (1) Requesting court appointed attorney for these proceedings (2) State knowingly using perjured testimony: (3) Use of Whitty evidence and other acts (4) Ineffective assistance of counsel (5) Ineffective assistance of appellate counsel (6) Abridgement of a right guaranteed by the constitution or laws of this state (7) Introduction of evidence obtained pursuant to an unlawful arrest and unconstitutional search and seizure (8) Introduction into evidence of a statement obtained in the absence of counsel (9) Suppression of evidence (10) Chain of Evidence was broken.
i. Did you receive an evidentiary hearing on your petition, application or motion? No



If your answer to 16 was yes and you also filed a second petition, application, or motion, attach a copy of that court's decision to this petition and give the same information:



(a) Name of Court: Wisconsin Court of Appeals, District II
(b) Date filed: October 20, 1999
(c) Result: Affirmed Judgment
(d) Date of result : October 18, 2000
(e) List all the grounds you raised: (1) Requesting court appointed attorney for these proceedings (2) State knowingly using perjured testimony: (3) Use of Whitty evidence and other acts (4) Ineffective assistance of counsel (5) Ineffective assistance of appellate counsel (6) Abridgement of a right guaranteed by the constitution or laws of this state (7) Introduction of evidence obtained pursuant to an unlawful arrest and unconstitutional search and seizure (8) Introduction into evidence of a statement obtained in the absence of counsel (9) Suppression of evidence (10) Chain of Evidence was broken.

18. Did you appeal to the highest state court or the United States Supreme Court for review of decisions regarding the petition(s), application(s) or motion(s) you listed in 16 or 17? Yes

19. Attach a copy of that court's decision to this petition and give the following information:
(a) Name of court: Wisconsin Supreme Court
(b) Date Filed: November 8, 2000
(c) Result: Petition for Review is denied without costs
(d)List all grounds you raised: (1) Requesting court appointed attorney for these proceedings (2) State knowingly using perjured testimony: (3) Use of Whitty evidence and other acts (4) Ineffective assistance of counsel (5) Ineffective assistance of appellate counsel (6) Abridgement of a right guaranteed by the constitution or laws of this state (7) Introduction of evidence obtained pursuant to an unlawful arrest and unconstitutional search and seizure (8) Introduction into evidence of a statement obtained in the absence of counsel (9) Suppression of evidence (10) Chain of Evidence was broken.


20. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? No

21. Give the names and address, if known, of each attorney who represented you in the following stages of the judgment you challenge in this petition:


Brian Mares, 219 Washington Avenue, P.O. Box 617, Oshkosh, WI 54902-0617 represented me at Preliminary Hearing, Arraignment and plea, a the trial, and at the sentencing.


Norma Briggs, 123 East Doty St, Madison, WI 53703 represented me at post conviction.

On appeal from any adverse ruling in post-conviction proceeding I represented myself(Pro Se).

22.Do you have any future sentence to serve after you complete the sentence imposed by the
judgment under attack? No



Wherefore, petitioner prays that the Court grant petitioner relief to which he may be entitled in this proceeding.

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Signature of attorney

I declare under penalty of perjury that the foregoing is true and correct. Executed on


Date Signature of Petitioner