By: WISCONSIN LAW JOURNAL STAFF//November 26, 2013//
Wisconsin Court of Appeals
Criminal
Criminal Procedure — successive appeals
Ronnel Fitzgerald, pro se, appeals from an order denying his second Wis. Stat. § 974.06 motion. The circuit court denied the motion after it determined that Fitzgerald’s claims were procedurally barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), and that the “newly discovered evidence” offered was discoverable and should have been raised in Fitzgerald’s first § 974.06 motion. The circuit court further concluded that the remainder of Fitzgerald’s claims were a rehash of claims previously raised, and as such, they could not be relitigated. We affirm. This opinion will not be published.
Dist I, Milwaukee County, Borowski, J., Per Curiam
Attorneys: For Appellant: Fitzgerald, Ronnel, pro se; For Respondent: Loebel, Karen A., Milwaukee; Probst, Robert, Madison