District III/IV
April 16, 2015
To:
Hon. James A. Morrison
Circuit Court Judge
1926 Hall Avenue
Marinette, WI 54143
Sheila Dudka
Clerk of Circuit Court
Marinette County Courthouse
1926 Hall Avenue
Marinette, WI 54143
Allen R. Brey
District Attorney
1926 Hall Avenue
Marinette, WI 54143-1717
Gabe Johnson-Karp
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Joseph Wayne Evans Jr. 552370
Waupun Corr. Inst.
P.O. Box 351
Waupun, WI 53963-0351
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Joseph Wayne Evans, Jr. (L.C. # 2008CF123) |
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Before Blanchard, P.J., Lundsten and Kloppenburg, JJ.
Joseph Evans appeals an order denying his postconviction motion filed under Wis. Stat. § 974.06 (2013-14).[1] Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21. We affirm.
Evans filed an earlier pro se motion under Wis. Stat. § 974.06 in August 2012. The circuit court denied the motion, and in January 2014 we affirmed that denial on appeal. Evans filed his current postconviction motion in July 2014, and the circuit court denied it.
A defendant is barred from filing a second motion under Wis. Stat. § 974.06 unless the defendant provides a “sufficient reason” for not having made the new claims in the earlier motion. See State ex rel. Dismuke v. Kolb, 149 Wis. 2d 270, 274, 441 N.W.2d 253 (Ct. App. 1989); § 974.06(4). Evans argues that ineffective assistance of appellate counsel was a sufficient reason for him not having raised his current issues earlier. However, that argument fails because his previous motion under § 974.06 was pro se. No counsel was ineffective in the litigating of that motion.
Evans also argues that his own unawareness of the new claims is a sufficient reason. However, Evans does not explain what law or facts related to his current issues he is claiming to have been unaware of at the time of his earlier motion under Wis. Stat. § 974.06.
IT IS ORDERED that the order appealed is summarily affirmed under Wis. Stat. Rule 809.21.
Diane M. Fremgen
Clerk of Court of Appeals