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Motion for Reconsideration Denied – Brady Violation
By: Derek Hawkins//January 14, 2021//
Listen to this articleWI Court of Appeals – District II
Case Name: State of Wisconsin v. Chevele Donte Lyons
Case No.: 2019AP1723
Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.
Focus: Motion for Reconsideration Denied – Brady Violation
Chevele Donte Lyons appeals from orders denying his motions for reconsideration. We previously determined that an appeal of the circuit court’s order denying Lyons’ motion for postconviction relief under WIS. STAT. § 974.06 (2017-18) was untimely as it was filed more than ninety days after entry of the order and, therefore, we lacked jurisdiction to review the order. See WIS. STAT. § 809.10(1)(e). We now conclude that Lyons’ motions for reconsideration present only one new issue not presented in the postconviction motion: a Brady violation claim. Addressing only that issue, we conclude that Lyons’ claim is meritless and affirm.
Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.
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