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2006AP2150 State v. Burns
Criminal Procedure
Successive appeals
Michael D. Burns appeals from an order summarily denying his postconviction motion. The issue is whether the claimed ineffective assistance of postconviction/appellate counsel for failing to challenge trial counsel's effectiveness at sentencing constitutes a sufficient reason to overcome the procedural bar of State v. Escalona-Naranjo, 185 Wis. 2d 168, 181-82, 517 N.W.2d 157 (1994). We conclude that Burns's conclusory allegation for failing to raise this issue on direct appeal does not justify a delay of over three years and five months. Therefore, his motion is procedurally barred; we affirm. This opinion will not be published.
2006AP2150 State v. Burns
Dist I, Milwaukee County, Brash, J., Per Curiam
Attorneys: For Appellant: Burns, Michael D., pro se; For Respondent: Loebel, Karen A., Milwaukee; St. John, Rebecca Rapp, Madison
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