No appeal for man shot after ceiling collapse
A Janesville man shot by a homeowner Halloween night 2005 after crashing through a ceiling during a burglary was denied Tuesday an opportunity to appeal his 2008 conviction to the Wisconsin Supreme Court.
Kurt E. Prochaska was convicted of burglary and criminal damage and sentenced to eight years in prison. At his trial, he claimed he entered the home through a roof vent to use the bathroom.
After Prochaska fell through the ceiling into the home, he was shot by the homeowner, Michael Rainiero. Prochaska filed suit against Rainiero, claiming negligence, assault and battery. That action was dismissed at the circuit court level.
The state Supreme Court refused to hear Prochaska's appeal from a District 4 Court of Appeals decision denying his claim of ineffective counsel in the criminal case.
He claimed his attorney failed to raise a defense of voluntary intoxication and insufficient evidence to support felony burglary.
The appeals court rejected both claims.
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