Criminal Procedure — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//July 23, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Kenneth A. James appeals from a judgment of conviction for repeated sexual assault of a child and from a postconviction order denying his request for a new trial. James contends that he received ineffective assistance of counsel when his trial counsel proceeded to trial without a transcript from his preliminary hearing. The circuit court found James’s trial counsel to be credible when he testified that James insisted on proceeding to trial despite knowing he could have asked for an adjournment due to the lack of the transcript. We affirm as James has not shown this testimony was incredible and James cannot claim his trial counsel was ineffective for following James’s own directive. Not recommended for publication in the official reports.

2013AP2409-CR State v. James

Dist II, Kenosha County, Milisauskas, J., Reilly, J.

Attorneys: For Appellant: McClune, Scott Ryan, Milwaukee; For Respondent: Zapf, Robert D., Kenosha; Lloyd, Katherine Desmond, Madison

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