State of Wisconsin, Plaintiff-Respondent v. Christopher Knight, Defendant-Appellant

Summary

The court held that a claim of ineffective assistance of appellate counsel cannot be resolved through a postconviction motion under section 974.06 in the circuit court. The proper procedure is a petition for habeas corpus filed in the appellate court that decided the defendant's appeal, which can tailor relief to the alleged constitutional violation and refer factual issues for evidentiary findings. The court therefore affirmed the circuit court's denial of Knight's motion without deciding whether his appellate counsel was actually ineffective.