Wisconsin Supreme Court

State of Wisconsin, Plaintiff-Respondent v. John Allen, Defendant-Appellant-Petitioner

July 8, 2004274 Wis. 2d 568

Summary

The court affirmed the denial of Allen's postconviction motion without an evidentiary hearing. It held that a motion seeking postconviction relief must allege, within its four corners, sufficient material facts—such as who, what, where, when, why, and how—that, if true, would entitle the defendant to relief; Allen's allegations were conclusory or unsupported, and the record independently defeated relief. The court also declined to order a new trial in the interest of justice because Allen's underlying claims lacked merit.