2010AP533-CR State v. Powells

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Criminal Procedure
Ineffective assistance; newly discovered evidence; postconviction DNA tests

Rudolph D. Powells appeals from a judgment convicting him of first-degree reckless homicide, armed robbery, and possession of a firearm by a felon, and from an order denying his postconviction motions for relief. He contends that: (1) the circuit court should have excluded 911 caller identification evidence and a shell casing from a separate domestic violence incident; (2) the circuit court should have allowed him to argue that two other individuals had access to the murder weapon; (3) defense counsel should have moved to suppress a mask and gun; (4) the circuit court should have granted him a new trial based upon newly discovered evidence showing that the apartment where the 911 call originated was leased to a third party; and (5) the circuit court should have ordered postconviction DNA testing on a beer can found near the crime scene and additional discovery relating to phone records. We reject each of these contentions and affirm. This opinion will not be published.

2010AP533-CR State v. Powells

Dist I, Milwaukee County, McMahon, J., Per Curiam

Attorneys: For Appellant: Redding, Joseph E., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Moeller, Marguerite M., Madison

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