Three years after his sentencing, the petitioner filed a post-conviction motion in the circuit court under Wis. Stat. §974.06. State v. Scheel, 2013 WI App 30, ¶4, 346 Wis. 2d 279, 827 N.W.2d 929 (Ct. App. 2013) (Scheel I). He alleged that the police and prosecutor had engaged in misconduct by withholding the laboratory report. The petitioner also alleged that his attorney (Daniel Muza of Oshkosh, dkt. no. 1 at 11) had rendered ineffective assistance at trial for a number of reasons, including that his attorney "failed to present favorable DNA evidence at trial (i.e., the laboratory report described above)."