Criminal Procedure — ineffective assistance

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Wisconsin Supreme Court

Criminal

Criminal Procedure — ineffective assistance

The defendant receive ineffective assistance of trial counsel when defense trial counsel failed to present testimony at trial of potentially exculpatory witnesses, namely an eyewitness other than the State’s witness and witnesses with evidence that another person committed the homicide for which the defendant was convicted.

“In the particular credibility contest in the present case, in which both eyewitnesses had inconsistencies in their statements; the prosecution eyewitness had an extensive criminal record and (as far as the record shows) the defense eyewitness had none; the entire basis of the prosecution’s case rested on its eyewitness identification; and no physical or other evidence directly tied the defendant to the crime; we hold that the failure to call Jones as a witness at trial to give testimony contradictory to that of the State’s eyewitness had a reasonable probability of affecting the result of the case.”

Reversed and Remanded.

2012AP46-CR State v. Jenkins

Abrahamson, C.J.

Attorneys: For Appellant: Swartz, Melinda A., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; O’Neil, Aaron R., Madison