Wisconsin Court of Appeals
Criminal Procedure – ineffective assistance
In 2006, a jury found William Martin guilty of robbery. See Wis. Stat. § 943.32(1). We affirmed Martin’s conviction on direct appeal. See State v. Martin, 2007AP1293-CR, unpublished per curiam (WI App Feb. 16, 2009). In August of 2011, Martin filed a Wis. Stat. § 974.06 motion claiming that his trial and postconviction lawyer gave him constitutionally deficient representation. See State ex rel Rothering v. McCaughtry, 205 Wis. 2d 675, 682, 556 N.W.2d 136, 139 (Ct. App. 1996) (ineffective assistance of postconviction lawyer may be a sufficient reason for not having previously raised issues). The trial court denied the motion without holding a hearing under State v. Machner, 92 Wis. 2d 797, 286 N.W.2d 905 (Ct. App. 1979) (hearing to determine whether lawyer gave a defendant ineffective assistance). Martin appeals pro se. We affirm. Publication in the official reports is not recommended.
Dist I, Milwaukee County, Dugan, J., Fine, J.
Attorneys: For Appellant: Martin, William, pro se; For Respondent: Balistreri, Thomas J., Madison; Loebel, Karen A., Milwaukee