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Criminal Procedure — ineffective assistance

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Sheldon R. Scheel appeals pro se from an order denying his Wis. Stat. § 974.06 (2011-12) motion without an evidentiary hearing and an order denying his motion for reconsideration. Scheel’s § 974.06 motion accused the prosecutor and police of engaging in misconduct. It also alleged ineffective assistance of trial counsel on several grounds.

We conclude that the circuit court properly denied Scheel’s claims of prosecutorial and police misconduct without an evidentiary hearing as well as the majority of his claims of ineffective assistance of counsel. However, we also conclude that the court erred in summarily denying Scheel’s claim of ineffective assistance of counsel for his attorney’s failure to present favorable deoxyribonucleic acid (DNA) evidence at trial. Because we determine that Scheel is entitled to a Machner hearing on that allegation, we reverse in part and remand for an evidentiary hearing. This opinion will not be published.

2011AP2942 State v. Scheel

Dist II, Winnebago County, Woldt, J., Per Curiam

Attorneys: For Appellant: Scheel, Sheldon R., pro se; For Respondent: Wellman, Sally L., Madison; Gossett, Christian A., Oshkosh

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