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Postconviction Relief – Evidence- Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//March 20, 2023//

Postconviction Relief – Evidence- Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//March 20, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Derrick D. Brown

Case No.: 2022AP000321

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: Postconviction Relief – Evidence- Ineffective Assistance of Counsel

Derrick D. Brown, pro se, appeals an order of the circuit court denying his postconviction motion filed pursuant to WIS. STAT. § 974.06 (2021-22).2 In that motion, Brown alleged that the evidence at his trial was insufficient to prove one of the elements of the crime for which he was convicted; he also raised several claims of ineffective assistance by his trial counsel. A § 974.06 motion “is not a substitute for a direct appeal.” Indeed, a § 974.06 motion “is limited in scope to matters of jurisdiction or of constitutional dimensions. The motion must not be used to raise issues disposed of by a previous appeal.”

Affirmed.

Decided 03/14/23

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