Postconviction Motion Denied

By: Derek Hawkins//June 17, 2021//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Ricardo E. Marinez

Case No.: 2020AP694-CR

Officials: Fitzpatrick, P.J., Blanchard, and Nashold, JJ.

Focus: Postconviction Motion Denied

In 2007, Ricardo Marinez was convicted, following a jury trial, of three counts of repeated first-degree sexual assault of a child. Marinez pursued a direct postconviction motion and appeal, and we affirmed Marinez’s conviction. In 2019, Marinez filed a pro se postconviction motion under WIS. STAT. § 974.06 (2019-20). In this appeal, Marinez argues that the circuit court erred by denying his § 974.06 motion without a hearing. In sum, Marinez has failed to show that the arguments he asserts now are clearly stronger than the arguments his counsel pursued in postconviction proceedings. For these reasons we conclude that he has not overcome the procedural bar to successive postconviction motions. Accordingly, we affirm the circuit court order denying the motion without a hearing.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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