Criminal Procedure — ineffective assistance — prosecutorial misconduct

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — prosecutorial misconduct

Ryan P. O’Boyle appeals a judgment entered on a jury verdict convicting him of attempted second-degree intentional homicide with the use of a dangerous weapon. See Wis. Stat. §§ 940.05(1), 939.32 & 939.63(1)(b). He also appeals the trial court’s denial of his motion for postconviction relief. O’Boyle argues that: (1) the trial court erred when it denied without a hearing his claim that his trial lawyer gave him constitutionally deficient representation; (2) the police did not comply with proper photo array procedures when the victim identified O’Boyle as having stabbed him; (3) the prosecutor made improper statements during closing argument; (4) the trial court erroneously admitted hearsay evidence; and (5) the State improperly amended the charges. We affirm. Publication in the official reports is not recommended.

2014AP80-CR State v. O’Boyle

Dist I, Milwaukee County, Cimpl, Yahamiro, JJ., Fine, J.

Attorneys: For Appellant: Kay, Timothy T., Brookfield; For Respondent: Loebel, Karen A., Milwaukee; Pray, Eileen W., Madison