Criminal Procedure — ineffective assistance — outrageous governmental conduct

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — outrageous governmental conduct

William Hudson appeals from a judgment convicting him of conspiracy to commit first-degree intentional homicide and conspiracy to commit arson. He also appeals from an order denying his motion for postconviction relief without an evidentiary hearing. Hudson contends that his convictions were the product of outrageous governmental conduct and that he was denied effective assistance of counsel because his trial attorney failed to seek suppression of statements he made to police, which were the product of outrageous governmental conduct, and failed to request a jury instruction on outrageous governmental conduct. He argues that his postconviction motion contained sufficient facts that, if true, entitle him to relief and that the circuit court thus erred in denying his motion without holding a Machner hearing. He also argues that he is entitled to the reversal of his convictions in the interest of justice based on his claim that his convictions were the product of outrageous governmental conduct. We affirm. Not recommended for publication in the official reports.

2010AP1598-CR State v. Hudson

Dist IV, Sauk County, Taggart, J., Sherman, J.

Attorneys: For Appellant: Karpe, David R., Madison; For Respondent: Wren, Christopher G., Madison; Barrett, Patricia A., Baraboo