Criminal Procedure — plea withdrawal

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal

In 2005, Travis T. Lamb pled no contest to attempted first-degree intentional homicide and possession of THC. Lamb and others were involved in a July 2003 altercation in which Vincent Howard got stabbed. Howard testified at Lamb’s preliminary hearing that it was Lamb who stabbed him. Lamb was convicted in March 2005.

In 2013, Lamb sought to withdraw his pleas. He claimed it was not he who stabbed Howard and cited newly discovered evidence, to wit, three unsolicited letters Howard sent to the court in October and November 2005 recanting his testimony and a March 2010 letter, also unsolicited, from Jonathon Glass, an associate of Howard’s, corroborating Howard’s recantation. Glass explained that Howard lied so that he could exact “street justice” against the real perpetrator. The court summarily denied the motion. We affirm the order. This opinion will not be published.

2013AP1570 State v. Lamb

Dist II, Winnebago County, Bissett, J., Per Curiam

Attorneys: For Appellant: Lamb, Travis T., pro se; For Respondent: Wren, Christopher G., Madison; Gossett, Christian A., Oshkosh