State v. Coleman

1 Garceia Coleman, pro se, appeals from an order denying his WIS. STAT.§ 974.06 (2007-08) motion for a new trial. The circuit court determined that the motion was procedurally barred by State v. Tillman, 2005 WI App 71, 281 Wis. 2d 157, 696 N.W.2d 574, because Coleman failed to raise the issues in his motion in response to a prior no-merit report. Coleman contends Tillman is inapplicable because, in the no-merit process, appellate counsel and this court missed the issues he now raises. Coleman thus believes that, under State v. Fortier, 2006 WI App 11, 289 Wis. 2d 179, 709 N.W.2d 893, he has a valid reason for not raising the issues previously and can escape the procedural bar. We reject Colemans argument and affirm the circuit court.