Postconviction Motion for DNA Testing

By: WISCONSIN LAW JOURNAL STAFF//April 17, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Paul Brian Krauss

Case No.: 2021AP001014-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Postconviction Motion for DNA Testing

Krauss was convicted, following a jury trial, of second-degree sexual assault by use of force; second-degree reckless endangerment; false imprisonment; knowingly violating a domestic abuse injunction; and bail jumping. Krauss, pro se, appeals from an order denying his postconviction motion for DNA testing. The appeals court concludes that Krauss failed his burden to satisfy the criteria for the circuit court to order DNA testing under WIS. STAT. § 974.07(7)(a) (2021-22); and further concludes that any error in the court’s failure to refer Krauss to the State Public Defender (SPD) for appointment of counsel to pursue postconviction DNA testing was harmless.

Affirmed.

Decided 04/11/23

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