Criminal Procedure — new trials — newly discovered evidence

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — new trials — newly discovered evidence

Jeffrey Burr appeals an order denying his motion for postconviction relief. He argues the circuit court erroneously concluded he was not entitled to a new trial based on newly discovered evidence. He also contends the court erred by denying his postconviction motion without an evidentiary hearing. Lastly, he argues Wis. Stat. § 938.183(2) (2001-02), the statute that allowed him to be charged as an adult, is unconstitutional. We reject Burr’s first two arguments on the merits, and we conclude his third argument is procedurally barred. We therefore affirm the order denying postconviction relief. This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.

2012AP2460 State v. Burr

Dist III, Pepin County, Damon, J., Per Curiam

Attorneys: For Appellant: Anderson, Christopher M., Hudson; For Respondent: Kassel, Jeffrey J., Madison; Seifert, Jon, Durand