2009AP2634-CR State v. O’Donnell

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Criminal Procedure
Ineffective assistance

Jerrad O’Donnell appeals a judgment convicting him of two counts of homicide by intoxicated use of a vehicle and one count of injury by intoxicated use of a vehicle. He also appeals an order denying his postconviction motions in which he alleged ineffective assistance of counsel and newly discovered evidence. O’Donnell argues that his trial counsel, Eric Schulenburg, performed deficiently: (1) by failing to present evidence and argument challenging the State’s “retrograde extrapolation” of O’Donnell’s blood alcohol content (BAC); (2) by failing to elicit evidence that would have created doubt about whether O’Donnell’s driving caused the accident; and (3) by failing to object to the prosecutor’s closing argument and by his own closing argument. He also argues that he should be granted a new trial based on newly discovered evidence or in the interest of justice. We reject these arguments and affirm the judgment and order. This opinion will not be published.

2009AP2634-CR State v. O’Donnell

Dist IV, Sauk County, Evenson, J., Per Curiam

Attorneys: For Appellant: Lichstein, Byron C., Madison; For Respondent: Calkins, Kevin R., Baraboo; Wellman, Sally L., Madison

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