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STATE v. DEMMERLY

No. 2005AP181.

722 N.W.2d 585 (2006)

2006 WI App 181

STATE of Wisconsin, Plaintiff-Respondent, v. Dion W. DEMMERLY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 10, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Edward John Hunt of Hunt & Quinn S.C., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Sally L. Wellman, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

Before LUNDSTEN, P.J., DYKMAN and DEININGER, JJ.

¶ 1 DYKMAN, J.

Dion Demmerly appeals from an order denying his WIS. STAT. § 974.06 (2003-04)1 postconviction motion. Dion asserts that having attorneys from the same law firm represent him and his co-defendant brother, Douglas Demmerly, created an actual conflict of interest.2 He contends that the trial court had an obligation to override his waiver of conflict-free representation. Dion also contends...

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