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STATE v. NINHAM

No. 2008AP1139.

797 N.W.2d 451 (2011)

2011 WI 33

STATE of Wisconsin, Plaintiff-Respondent, v. Omer NINHAM, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided May 20, 2011.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Frank M. Tuerkheimer of Godfrey & Kahn, S.C., and Bryan Stevenson of Equal Justice Initiative, and oral argument by Bryan Stevenson .

For the plaintiff-respondent the cause was argued by Sally L. Wellman , assistant attorney general, with whom on the brief was J.B. Van Hollen , attorney general.

Amicus curiae briefs were filed on behalf of Legal Assistance to Institutionalized Persons Project by Byron C. Lichstein and the Frank J. Remington Center , Madison, Counsel for Wisconsin Association of Criminal Defense Lawyers by Robert R. Henak , Jake L. Remington and Henak Law Office, S.C., Milwaukee, Wisconsin Psychiatric Association and the Wisconsin Psychological Association by G. Michael Halfenger , Linda M. Annoye , Kellen C. Kasper and Foley & Lardner, LLP, Milwaukee, and Wisconsin Council on Children and Families by Sarah A. Huck , Christopher R. Bub and Reinhart Boerner Van Deuren, S.C., Milwaukee.

ANNETTE KINGSLAND ZIEGLER, J.

¶ 1 This is a review of a published decision of the court of appeals, State v. Ninham, 2009 WI App 64, 316 Wis.2d 776, 767 N.W.2d 326, which affirmed an order of the Brown County Circuit Court1 denying the defendant's post-conviction motion for sentencing relief under Wis. Stat. § 974.06 (2007-08).2

¶ 2 A jury convicted...

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