State of Wisconsin, Plaintiff-Respondent-Petitioner v. David J. Balliette

Summary

The court held that Balliette was not entitled to an evidentiary hearing on his claim that postconviction counsel was ineffective for failing to challenge trial counsel's performance. His Wis. Stat. § 974.06 motion identified possible trial-counsel errors but did not plead sufficient material facts showing deficient performance, prejudice, or what the hearing evidence would establish. Justice Ann Walsh Bradley, joined by Chief Justice Shirley S. Abrahamson, dissented, concluding that the motion sufficiently alleged a colorable claim warranting a Machner hearing.