2010AP1667-CR State v. Keith

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Criminal Procedure
Ineffective assistance; venue; new trials

Crystal P. Keith appeals from an order denying her motion for postconviction relief. Keith was convicted of one count of first-degree reckless homicide for the death of her foster son, Christopher, and one count of physical abuse of a child for the treatment of her foster daughter, C.T. On appeal Keith argues that the trial court erred in denying her motion for postconviction relief because: (1) statements by Keith’s biological daughter, T.K., made after Keith’s conviction, implicated Keith’s husband for the death of Christopher and therefore constituted new evidence warranting a new trial; (2) an in camera review of T.K.’s treatment records should have been conducted; (3) expert testimony from Dr. Michael Kula, a psychologist, was wrongfully restricted and Keith’s trial counsel was ineffective for failing to provide additional authority for Dr. Kula’s proffered testimony; and (4) Keith’s motion for a change of venue was wrongfully denied and Keith’s trial counsel was ineffective for failing to renew the motion at the start of trial. We disagree and affirm the trial court. Not recommended for publication in the official reports.

2010AP1667-CR State v. Keith

Dist I, Milwaukee County, McMahon, J., Kessler, J.

Attorneys: For Appellant: Pray, John A., Madison; For Respondent: Balistreri, Thomas J., Madison; Loebel, Karen A., Milwaukee

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