State v. Desmond Anthony Mattis, 2016AP982, 3/28/17, District 3 (one-judge decision; ineligible for publication); case activity (including state’s brief)
Desmond Mattis raises three issues in this appeal of the circuit court’s denial of his Wis. Stat. § 974.06 motion. The court of appeals rejects them seriatim.
Mattis first claims to have newly discovered evidence relating to the victim’s “credibility and violent character.” But, that evidence is his own testimony, which was available when he entered his plea, so no dice. (¶6).
Mattis next alleges that he was not competent at the time of his plea. But, per the court, he makes only conclusory allegations and “presents no legitimate evidence indicating he was incapable of understanding and participating in the proceedings.” (¶8).
Mattis’s claim that his trial lawyer was ineffective fails for similar reasons–he “fails to allege with specificity” what counsel should have done, or explain what the investigation he claims was lacking would have revealed. (¶11).