Criminal Procedure — successive appeals

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — successive appeals

Ramiah Abjiah Whiteside, pro se, appeals from an order denying his Wis. Stat. § 974.06 (2009-10), motion for postconviction relief to withdraw his 1995 no-contest plea to second-degree reckless injury, operating a motor vehicle without the owner’s consent, and four counts of second-degree reckless homicide. He also appeals from the order denying his motion to reconsider denial of the motion. He argues that he was entitled to a hearing on his claim that he suffered from a mental disorder at the time of the offenses and plea which made his plea involuntary and unknowing and that his trial and appellate attorneys were ineffective for not challenging his plea based on the then existing mental disorder and because of trial counsel’s ex parte communication with the prosecutor. We affirm the circuit court’s decision that Whiteside’s § 974.06 motion, his fifth postconviction motion after a direct appeal, is barred under the principles of State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). This opinion will not be published.

2010AP3078 State v. Whiteside

Dist I, Milwaukee County, Hansher, J., Per Curiam

Attorneys: For Appellant: Whiteside, Ramiah Abjiah, pro se; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison