01-1476-CR State v. Weed

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Patricia Weed appeals from a judgment of conviction for first-degree homicide while armed and from an order denying her postconviction relief. She raises three issues. First, she claims that the circuit court incorrectly applied the recent-perception hearsay exception in admitting a statement allegedly made by her husband, Michael Weed, denying her the right to confront an adverse witness. Second, Patricia contends that her constitutional right to effective assistance of counsel was violated when trial counsel did not object on the grounds that admission of the hearsay statement violated Patricia’s right to confront a witness. Third, Patricia argues that she did not knowingly waive her right to testify. We conclude that any error the circuit court may have made in admitting the hearsay statement was harmless and that Patricia’s waiver was knowing and voluntary.

Affirmed.

This opinion will not be published.

Dist IV, Columbia County, Rehm, J., Per Curiam

Attorneys:

For Appellant: T. Christopher Kelly, Madison; Patricia A. Weed, Fond du Lac

For Respondent: Kevin R. Calkins, Baraboo; Sally L. Wellman, Madison; Sue Mueller, Baraboo