Criminal Procedure — ineffective assistance — conflict of interest

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — conflict of interest

Marcos Ordonia-Roman appeals a judgment of conviction on three counts of sexual assault of a child under sixteen years of age and a decision and order denying his motion for postconviction relief. Ordonia-Roman contends: (1) he was denied the effective assistance of counsel because counsel had a conflict of interest that adversely affected counsel’s performance and therefore Ordonia-Roman is entitled to the presumption that counsel’s conflict of interest prejudiced him under Cuyler v. Sullivan, 446 U.S. 335 (1980), and State v. Kaye, 106 Wis. 2d 1, 315 N.W.2d 337 (1982); (2) the circuit court judge erred in not recusing himself, based on allegations that the judge was biased against both counsel and Ordonia-Roman; (3) the circuit court erred in declining to admit evidence at trial regarding the process by which Ordonia-Roman was interrogated and Ordonia-Roman’s initial claims that he did not commit the crimes charged; and (4) Ordonia-Roman was denied the effective assistance of counsel because defense counsel’s attempts to elicit evidence about the interrogation process and Ordonia-Roman’s initial denials were inadequate. For the reasons we explain, we reject Ordonia-Roman’s arguments and affirm. Not recommended for publication in the official reports.

2012AP1371-CR State v. Ordonia-Roman

Dist I, Milwaukee County, Borowski, J., Higginbotham, J.

Attorneys: For Appellant: Lichstein, Byron C., Madison; For Respondent: Balistreri, Thomas J., Madison; Loebel, Karen A., Milwaukee