Kenneth Hudson appears before Marinette County court via Zoom, February 24, 2023. PC: Fox 11 Online
(WTAQ-WLUK) – Kenneth Hudson continues to appeal rulings related to his conviction for the murder of Shanna Van Dyn Hoven in Kaukauna more than 25 years ago, now arguing a circuit court judge was wrong to dismiss his other appeals.
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.
After Marinette County Judge James Morrison denied his motions in October, 2023, Hudson took his case to the appeals court. A year ago, the appeals court dismissed the case because Hudson repeatedly missed deadlines, but then allowed the case to continue.
The state Attorney General’s office argued in its brief the appeals court should simply end the appeals.
“Hudson has used dilatory tactics, phony excuses, and outright lies to drag out these collateral proceedings for over twelve years without filing a final, comprehensive postconviction motion despite repeated court orders to do so,” the state wrote. “Hudson has not proven how the court’s dismissal order denied him the right to life, liberty, or property without due process of law. Hudson had plenty of opportunities to be heard over the years both orally and in writing. Hudson had sufficient notice that his motion was due on September 21, 2023, because that was the very date he requested. Hudson indeed told the court in his extension motion that it could dismiss if he did not file the motion by that date. Finally, the court in its dismissal order considered and rejected the same flimsy excuses that Hudson would have presented in a response.”
But in his brief filed Wednesday, Hudson argues his rights were violated by the circuit court.
“Hudson submits to this Court that based on the above facts, the circuit court clearly violated his due process rights because the court did undeniably outright denied him any opportunity whatsoever to file a response to and defend himself against the State’s sanctions motion to dismiss, because Hudson did not even receive the State’s sanctions motion “until after the court had already granted it,” which the State does not dispute!,” he wrote.
It will likely be several weeks or months before the appeals court issues a ruling. That ruling could then be appealed to the Wisconsin Supreme Court.
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