Vara v. State

The petition requesting a new trial was in the form of a petition for relief under sec. 974.06, Stats., and therefore improper because a postconviction petition under that section is restricted to jurisdictional and constitutional issues. The petition under sec. 974.06 is not a substitute for a motion for a new trial even though a new trial is requested. Nor is the petition a substitute for an appeal. Peterson v. State (1972), 54 Wis. 2d 370, 195 N. W. 2d 837; State ex rel. Warren, v. County Court (1972), 54 Wis. 2d 613, 197 N. W. 2d 1; see also State v. Langston (1971), 53 Wis. 2d 228, 191…