Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Thomas J. Metz appeals from a judgment of conviction and an order denying his motion for postconviction relief. He contends that a new trial should be ordered in the interest of justice or based on ineffective assistance of counsel because the prosecutor’s questioning and argument at trial misleadingly implied that Metz had not expressly denied the accusation against him until he testified. Metz further contends that the prosecutor’s questioning of a police officer at trial impermissibly invaded the province of the jury by eliciting the officer’s opinion of what she thought of Metz’s response to the accusation. We reject both of these claims and affirm the judgment and order. This opinion will not be published.

2011AP1232-CR State v. Metz

Dist II, Winnebago County, Carver, Jorgensen, JJ., Per Curiam

Attorneys: For Appellant: Lang, Donald T., Madison; For Respondent: Gossett, Christian A., Oshkosh; St. John, Rebecca Rapp, Madison