By: WISCONSIN LAW JOURNAL STAFF//December 23, 2014//
Wisconsin Court of Appeals
Criminal
Criminal Procedure – ineffective assistance
APPEAL from a judgment and an order of the circuit court for Milwaukee County: MARY E. TRIGGIANO and LINDSEY CANONIE GRADY, Judges. Affirmed.
John D. Harris appeals a judgment of conviction for battery and disorderly conduct in a domestic violence case, and an order denying postconviction relief.
Harris argues there is insufficient evidence to uphold the disorderly conduct conviction because the trial court used the wrong date in the jury
instruction on disorderly conduct and there is no evidence that he ransacked the victim’s apartment or held a knife to her throat, that a jury instruction
error demands a new trial in the interest of justice, and that he deserves a Machner hearing on his claim that trial counsel was ineffective for not
objecting to the erroneous jury instruction. This court disagrees with Harris’ arguments and affirms the judgment and order.
2014AP001292-CR State v. John D. Harris
DISTRICT I, Milwaukee County, MARY E. TRIGGIANO, LINDSEY CANONIE GRADY, CANE, J.
Attorneys: For Appellant: Babe, Katie For Respondent: Loebel, Karen A., Weber, Gregory M.