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2006AP867 State v. Barnes

By: dmc-admin//February 22, 2007//

2006AP867 State v. Barnes

By: dmc-admin//February 22, 2007//

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Defendant Robert Barnes appeals from a judgment of conviction and an order denying his motion for postconviction relief. Barnes contends that his trial counsel was ineffective because counsel: (1) failed to adequately investigate by not interviewing witnesses and not challenging the lack of testing of the alleged cocaine by the State Crime Lab; (2) withdrew Barnes’s motions to suppress relating to the search warrant issued on Nov. 11, 2002, and to disclose the identity of a confidential informant, without his consent or knowledge; (3) failed to commence an action under Wis. Stat. § 968.20 for recovery of the property seized from Barnes’s safety deposit box that was not Barnes’s personal property; and (4) failed to allow Barnes to review the defense-commissioned presentence investigation (PSI) report prior to his sentencing. Barnes contends that because of this ineffective assistance of counsel, his plea was not knowingly, voluntarily or intelligently entered for if he had had effective assistance of counsel, he would have gone to trial and been acquitted of the charges. Barnes also contends that he was denied appointment of postconviction counsel. Finally, Barnes contends that his claims are not barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994).

Because we determine that Barnes’s trial counsel was effective and that Barnes was not denied appointment of postconviction counsel, we affirm the trial court’s denial of Barnes’s motion on the merits. Not recommended for publication in the official reports.

Dist I, Milwaukee County, Sosnay, J., Kessler, J.

Attorneys: For Appellant: Barnes, Robert, pro se; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee

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