By: Derek Hawkins//April 14, 2020//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Tamio T. Shipman-Allen
Case No.: 2019AP267-CR
Officials: Dugan, Fitzpatrick and Donald, JJ.
Focus: Plea Withdrawal
Tamio T. Shipman-Allen appeals the judgment of conviction following his guilty pleas to one count of second-degree reckless homicide; one count of child abuse by recklessly causing great bodily harm to a child; and one count of child neglect resulting in bodily harm to a child. He also appeals the order denying his postconviction motion.
Shipman-Allen argues that, because his postconviction motion alleged facts that, if true, would have entitled him to withdraw his guilty pleas, due to ineffective assistance of trial counsel, the trial court erred in denying his motion without an evidentiary hearing. We conclude that Shipman-Allen’s conclusory allegation of prejudice was insufficient to entitle him to an evidentiary hearing and, therefore, we affirm.