Griffin v. Buesgen

Summary

The U.S. District Court for the Western District of Wisconsin dismissed Keith L. Griffin’s 28 U.S.C. § 2254 habeas petition as plainly meritless. Griffin argued that Wisconsin lacked jurisdiction to revoke his probation because the revocation relied on an allegedly void Illinois conviction. The court rejected that contention, denied an evidentiary hearing and certificate of appealability, and cautioned Griffin that continued meritless filings could result in a filing bar.

Holdings

1. The district court may deny a § 2254 petition on the merits even if the petitioner has failed to exhaust state-court remedies.
2. Griffin's claim that Wisconsin lacked jurisdiction to revoke his probation because the Illinois conviction was void was plainly meritless.
3. No evidentiary hearing was warranted because Griffin's allegations were plainly meritless and conclusory.
4. A certificate of appealability was denied because Griffin did not make a substantial showing of the denial of a constitutional right and reasonable jurists would not find the court's assessment debatable or wrong.

Questions Presented

1. Whether the district court could deny Griffin's § 2254 petition on the merits without first resolving whether he exhausted available Wisconsin state-court remedies.
2. Whether Griffin stated a viable due process claim that Wisconsin lacked jurisdiction to revoke his probation because the revocation relied on an allegedly void Illinois conviction.
3. Whether Griffin was entitled to an evidentiary hearing or a certificate of appealability.

Disposition

dismissed