Luis Albert Alicea v. John R. Gagnon, Superintendent, and the Attorney General of Wisconsin

BAUER, Circuit Judge.

On November 17, 1978, after a jury trial in the Circuit Court of Milwaukee County, Wisconsin, petitioner Luis Alicea was convicted of armed and masked robbery in violation of Wis.Stat. §§ 943.32(l)(b), 943.-32(2), & 946.62 (1977). On October 15, 1979, the trial court denied Alicea’s motion for a new trial. The Wisconsin Court of Appeals affirmed Alicea’s conviction in an unpublished decision. State v. Alicea, 97 Wis.2d 759, 295 N.W.2d 835 (1980). Thereafter, Alicea sought discretionary review in the Wisconsin Supreme Court, which refused to consider his case. State v.…