By: Derek Hawkins//February 12, 2019//
By: Derek Hawkins//February 12, 2019//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. Roy A. Whitelow
Case No.: 2017AP144-CR
Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.
Focus: Ineffective Assistance of Counsel – Court Error – DNA Testing
Roy A. Whitelow appeals from a judgment of conviction entered after a jury found him guilty of first-degree reckless homicide and from an order denying his postconviction motion for a new trial. Whitelow maintains that he is entitled to a new trial based on trial counsel’s ineffective assistance and because the circuit court erred in denying his motion for a mistrial. He further asserts that the circuit court improperly denied his WIS. STAT. § 974.07 (2015-16)1 request for postconviction DNA testing at public expense. For the reasons that follow, we affirm.