State v. Hensley

Spriggie Hensley, Jr. appeals from an order dismissing his § 974.06, Stats., motion for postconviction relief. In State v. Robinson, 177 Wis. 2d 46, 53, 501 N.W.2d 831, 834 (Ct. App. 1993), this court wrote the following:

We conclude that in circumstances where a defendant is represented by the same counsel both at trial and on appeal, the inability of the defendant's trial counsel to assert his own ineffectiveness constitutes a "sufficient reason" under sec. 974.06(4), Stats., for not asserting the matter in the original sec. 974.06 motion.

The question is whether State v. Escalona-Naranjo,…