Criminal Procedure – Successive appeals

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Criminal Procedure
Successive appeals

Tony Eppenger, pro se, appeals from a trial court order denying his Wis. Stat. § 974.06 (2009-10) motion for postconviction relief and from an order denying his motion for reconsideration. He argues that he is entitled to an evidentiary hearing on his postconviction motion, which alleged ineffective assistance of trial counsel and postconviction counsel related to jury selection issues. We conclude that Eppenger’s motion is procedurally barred under State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), because Eppenger has not demonstrated that his postconviction counsel provided ineffective assistance or that he is entitled to an evidentiary hearing on that issue. Therefore, we affirm. This opinion will not be published.

2010AP2132 State v. Eppenger

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

Attorneys: For Appellant: Eppenger, Tony, pro se; For Respondent: Loebel, Karen A., Milwaukee; Larson, Sarah K., Madison

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