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2010AP1277 State v. Mack
Criminal Procedure Successive appeals A’Kim Mack, a/k/a Kelvin Mack, pro se, appeals from an order denying his second Wis. Stat. § 974.06 (2009-10) motion. To avoid the procedural bar of State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), Mack submits that he received information that his trial attorney had a conflict of […]
2010AP985 State v. Lee
Criminal Procedure Successive appeals Nicolas Alexander Lee, pro se, appeals from a circuit court order denying his Wis. Stat. § 974.06 motion for postconviction relief. The court deemed the motion procedurally barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), and State v. Tillman, 2005 WI App 71, 281 Wis. 2d […]
2010AP1624 State v. Trattner
Criminal Procedure Plea withdrawal; successive appeals Steve Trattner appeals from an order denying his Wis. Stat. § 974.06 (2009-10), motion to withdraw his no contest plea to first-degree reckless homicide. He contends that his plea was not knowingly, voluntarily and intelligently entered because he was not aware, as illustrated in State v. Miller, 2009 WI […]
2010AP1028 State v. Williams
Criminal Procedure Successive appeals Lawrence Williams appeals pro se from an order denying his Wis. Stat. § 974.06 postconviction motion, from an order denying his motion for reconsideration, and from the underlying judgment of conviction. We conclude that Williams’s postconviction motion is procedurally barred because Williams fails to allege a sufficient reason for not previously […]
2009AP2895 State v. Crittendon
Criminal Procedure Successive appeals Chris Lamar Crittendon, pro se, appeals the circuit court’s order denying his motion for postcommitment relief under Wis. Stat. § 974.06 (2007-08). He challenges the circuit court’s exercise of sentencing discretion and contends that he should be granted an evidentiary hearing on his claim of ineffective assistance of counsel. We affirm. […[...]
2009AP2581, 2009AP2582 State v. Bahr
Criminal Procedure Successive appeals James A. Bahr, pro se, appeals from orders denying his Wis. Stat. § 974.06 (2007-08) motion without a hearing. The circuit court ruled that the allegations in the motion were procedurally barred, conclusory, or meritless. We agree with the circuit court’s denial and we affirm the orders. This opinion shall not […]
2010AP235 State v. Kidd
Criminal Procedure Successive appeals Robert P. Kidd, pro se, appeals from a circuit court order denying his motion for postconviction relief that he filed pursuant to Wis. Stat. § 974.06 (2009–10). The circuit court denied Kidd’s motion on grounds that the issues raised are procedurally barred. We agree and affirm. This opinion will not be […]
2010AP94 State v. Payne
Criminal Procedure Successive appeals Parrish Christopher Payne, pro se, appeals from an order denying his motion for postconviction relief. The trial court denied Payne’s motion on grounds that it was procedurally barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). We agree and affirm on that basis. This opinion will not […]
2009AP1585-CR State v. Smith
Criminal Procedure Successive appeals On June 16, 2009, Henry Edward Smith, proceeding pro se, filed a notice of appeal. He seeks appellate review of claims raised in his postconviction motions filed on February 10, 2009, May 12, 2009, and June 4, 2009. The circuit court denied his claims in orders entered on March 4, 2009, […]
2010AP296 State v. Kleitzien
Criminal Procedure Successive appeals There is no exception to the Escalona-Naranjo rule for postconviction discovery motions. “There is no provision in the relevant statutes or case law that exempts postconviction discovery motions from this rule. Kletzien claims that O’Brien, which was decided after Escalona-Naranjo, implicitly authorizes the bifurcated postconviction procedure he se[...]
2009AP2106 State v. Cruz
Criminal Procedure Successive appeals Benjamin Cruz, pro se, appeals the circuit court’s order denying his motion for postconviction relief under Wis. Stat. § 974.06 (2007-08). He contends that he should be allowed to withdraw his plea and that he received ineffective assistance of counsel. We affirm. This opinion will not be published. 2009AP2106 State v. […]
2009AP2982 State v. Matamoros
Criminal Procedure Successive appeals Jose Matamoros, pro se, appeals an order denying his motion for postconviction relief filed under Wis. Stat. § 974.06 (2007-08). Matamoros argues that the postconviction court erred when it concluded that the claims asserted in his § 974.06 motion were barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d […]
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