Criminal Procedure — new trials — newly-discovered evidence — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — new trials — newly-discovered evidence — ineffective assistance

Jesse J. Franklin, Jr. appeals the judgment convicting him of one count of possession of marijuana with intent to deliver, one count of possession of cocaine with intent to deliver, and one count of being a felon in possession of a firearm, contrary to Wis. Stat. §§ 961.41(1m)(h)2., 961.41(1m)(cm)3., and 941.29(2)(a) (2003-04). He also appeals the order denying his second postconviction motion, made pursuant to Wis. Stat. § 974.06. On appeal, Franklin argues that he should be granted a new trial on the basis of newly-discovered evidence, or, in the alternative, on the basis that trial counsel was ineffective. We disagree and affirm. Not recommended for publication in the official reports.

2013AP1447 State v. Franklin

Dist I, Milwaukee County, Sosnay, Dugan, JJ., Curley, P.J.

Attorneys: For Appellant: Cotter, Steven Patrick, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Whelan, Maura F.J., Madison