2009AP1585-CR State v. Smith

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Criminal Procedure
Successive appeals

On June 16, 2009, Henry Edward Smith, proceeding pro se, filed a notice of appeal. He seeks appellate review of claims raised in his postconviction motions filed on February 10, 2009, May 12, 2009, and June 4, 2009. The circuit court denied his claims in orders entered on March 4, 2009, May 22, 2009, and June 9, 2009. Smith’s notice of appeal is untimely as to the order entered on March 4, 2009, denying his February motion.

Accordingly, we lack jurisdiction to review that order. We also lack jurisdiction to review the orders entered on May 22, 2009, and June 9, 2009, because those orders denied the same requests for relief as were denied in the March 2009 order. Therefore, we dismiss the appeal. This opinion will not be published.

2009AP1585-CR State v. Smith

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

Attorneys: For Appellant: Smith, Henry Edward, pro se; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee

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