By: Derek Hawkins//May 9, 2017//
WI Court of Appeals – District IV
Case Name: State of Wisconsin v. Timothy L. Stewart
Case No.: 2016AP1581-CR
Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ.
Focus: Sentence Modification – Motion to Withdraw as Counsel
Timothy Stewart, pro se, appeals a judgment of conviction and an order denying postconviction relief. Stewart contends that: (1) he is entitled to sentence modification, resentencing, or plea withdrawal based on evidence as to Stewart’s mental health and the extent of the victim’s injury; (2) Stewart’s trial counsel was ineffective; (3) the circuit court erroneously exercised its discretion by denying Stewart’s trial counsel’s motion to withdraw so that new counsel could be appointed; (4) Stewart did not waive his preliminary hearing as to his substantial battery charge; (5) Stewart’s appointed postconviction counsel was ineffective; and (6) Stewart is entitled to an in-camera inspection of the victim’s mental health records. For the reasons set forth below, we reject these contentions and affirm.