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Criminal Procedure — ineffective assistance

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Tony A. Horton, pro se, appeals from an order denying his Wis. Stat. § 974.06 (2009-10) motion without a hearing. Horton claimed that trial counsel had been ineffective for failing to turn transcripts over to Horton after his case concluded, failing to argue a suppression motion, and failing to investigate. The circuit court denied the motion because no postconviction proceedings were commenced so there were no transcripts; Horton had entered a guilty plea, thereby abandoning the suppression motion; and the claim that counsel had failed to investigate was conclusory. We agree and affirm. This opinion shall not be published.

2010AP971 State v. Horton

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

Attorneys: For Appellant: Horton, Tony A., pro se; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison


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