Motion for Reconsideration Denied

Derek Hawkins//September 28, 2021//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Steven A. Avery

Case No.: 2017AP2288-CR

Officials: Neubauer, C.J., Reilly, P.J., and Davis, J.

Focus: Motion for Reconsideration Denied

In 2007, following a jury trial, Steven A. Avery was convicted of first-degree intentional homicide, party to the crime, and possession of a firearm by a felon. We affirmed his convictions on appeal. The issues in this new case concern collateral proceedings: whether the circuit court erred in denying Avery’s WIS. STAT. § 974.06 (2019-20) motion and two supplemental motions without a hearing, as well as his motions to vacate and for reconsideration of the first of these motions. We hold that Avery’s § 974.06 motions are insufficient on their face to entitle him to a hearing and that the circuit court did not erroneously exercise its discretion in denying the motions to vacate and for reconsideration. Accordingly, we affirm

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Derek A Hawkins is Corporate Counsel, at Salesforce.