MADISON, WI (WTAQ-WLUK) – The man appealing his conviction for the 2000 murder of Shanna Van Dyn Hoven wants the state court of appeals to overturn a judge’s decision removing his attorney from the case.
Kenneth Hudson is serving a life prison term for the June 25, 2000, murder of Van Dyn Hoven, 19. She was killed while jogging in a Kaukauna park. Hudson was also sentenced to consecutive sentences after that for kidnapping, attempted homicide and recklessly endangering safety, totaling another 70 years in prison. Since sentencing, Hudson has filed more than a dozen appeals and motions — usually focusing on claims he was framed — and all have failed.
Marinette County Judge James Morrison is now handling the case. He is allowing Hudson to file what Morrison has described as one final, “all-encompassing motion” to address any remaining issues.
At a hearing last month, Judge Morrison removed Hudson’s attorney, Michael Balskus, from the case, ruling Balskus didn’t appropriately meet court deadlines to turn over documents in the case. Judge Morrison gave Hudson until March 31 to file his motion – either with or without an attorney.
But now, Balskus is taking the case to the appeals court, asking it to intervene before the March 31 deadline. Balskus wants the deadline put on hold while he appeals the dismissal from the case.
“The Defendant has the Constitutional right to have counsel. Judge Morrison denied the Defendant of this right. He did this by denying the Defendant his right to confront the witnesses against him. No affidavits were filed in this matter. He did not allow an evidentiary hearing. Judge Morrison stated that he found a violation of Supreme Court Rule 20.1.11 beyond a reasonable doubt,” Balskus wrote.
Balskus also wants Judge Morrison to take himself off the case, something the judge has refused to do.
Prosecutors have until March 24 to reply to the motion.
If the case continues without action by the appeals court, a hearing is scheduled for May 12.
Hudson is currently serving his sentence at the Oshkosh Correctional Institution.
