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STATE v. BALLIETTE

No. 2009AP472.

805 N.W.2d 334 (2011)

2011 WI 79

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. David J. BALLIETTE, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 19, 2011.

Attorney(s) appearing for the Case

For the Plaintiff-Respondent-Petitioner the cause was argued by Daniel J. O'Brien , Assistant Attorney General, with whom on the briefs was J.B. Van Hollen , Attorney General.

For the Defendant-Appellant there was a brief and oral argument by Steven D. Grunder , Assistant State Public Defender.

An amicus curiae brief was filed by Robert R. Henak , Henak Law Office, S.C., for Wisconsin Association of Criminal Defense Lawyers.

DAVID T. PROSSER, J.

¶ 1 This is a review of an unpublished decision of the court of appeals,1 reversing a decision and order of the Winnebago County Circuit Court, Karen L. Seifert, Judge. This case requires us to determine whether the defendant is entitled to an evidentiary hearing on the basis of his conclusory allegation in a Wis. Stat. § 974.06 (2007-08)2 motion for a new trial that his postconviction...

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