On Point blog, page 4 of 4
§ 974.06 – Viability of Escalona-Naranjo
State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals; habeas relief denied, Lo v. Endicott, 7th Cir No. 06-3948, 10/26/07
For Lo: Robert R. Henak
Amicus Briefs: Joseph N. Ehmann, Wm. J. Tyroler, SPD; Meredith J. Ross, Walter J. Dickey, UW Law School
Issue/Holding:
¶2. The petitioner, Anou Lo, asks that we overrule our decision in State v.
Serial Litigation Bar – § 974.06 / Motion to Modify Sentence
State v. John Casteel, 2001 WI App 188, PFR filed
Issue: Whether defendant is entitled to have reviewed on the merits issues that either were, or could have been, raised on prior appeals.
Holding:
¶13. On appeal, Casteel raises three arguments, two of which we previously have addressed. He provides no reasoning why he could not have raised these arguments in his direct appeal or first Wis.
§ 974.06 Serial Litigation: Defendant Represented by Trial Counsel on Prior, Direct Appeal
State v. Spriggie Hensley, Jr., 221 Wis. 2d 473, 585 N.W.2d 683 (Ct. App. 1998)
For Hensley: Pro se
Issue/Holding: The rule that a defendant’s representation by the same attorney at trial and on direct appeal constitutes a “sufficient reason” for not asserting ineffective assistance of counsel in the direct appeal survives State v. Escalona-Naranjo, 185 Wis.2d 168, 517 N.W.2d 157 (1994).