Criminal Procedure — successive appeals

By: WISCONSIN LAW JOURNAL STAFF//September 30, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — successive appeals

Emmett Dunlap appeals an order denying his Wis. Stat. § 974.06 motion for a new trial. The circuit court denied Dunlap’s motion without an evidentiary hearing, concluding Dunlap failed to assert a sufficient reason for failing to raise his arguments previously, as required by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). Dunlap argues his appellate attorney’s ineffective assistance and Dunlap’s unawareness of the potential issues constituted sufficient reasons. We reject Dunlap’s argument, and affirm. This opinion will not be published.

2013AP2245 State v. Dunlap

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

Attorneys: For Appellant: Richards, Mark D., Racine; Dimmer, Brian P., Racine; For Respondent: Gansner, William L., Madison; Loebel, Karen A., Milwaukee

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