2010AP167 State v. Polzin

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Criminal Procedure
Successive appeals

Gerald L. Polzin appeals a circuit court order denying his Wis. Stat. § 974.06 (2007-08) postconviction motion. Polzin argues that (1) he is entitled to the court reporter notes of his sentencing hearing to support his claim of transcript errors; (2) the circuit court was required to appoint a special prosecutor for the postconviction proceedings; (3) the judge for the postconviction proceedings was biased, violating Polzin’s right to due process; (4) Polzin’s claims are not procedurally barred by a prior no-merit appeal; and (5) his First, Fifth, Sixth, Eighth and Fourteenth Amendment rights were violated during the trial proceedings. We conclude that Polzin’s claims of transcript errors and trial constitutional violations were decided on his no-merit appeal, and therefore are procedurally barred. We also conclude that we have no basis to disturb the circuit court’s decision not to appoint a special prosecutor, and our review of the record reveals no actual or apparent bias on the part of the circuit court judge. Accordingly, we affirm. This opinion will not be published.

2010AP167 State v. Polzin

Dist III, Outagamie County, Gage, J., Per Curiam

Attorneys: For Appellant: Polzin, Gerald L., pro se; For Respondent: Moeller, Marguerite M., Madison; Schneider, Carrie A., Appleton

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