2009AP563 State v. Brown

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Criminal Procedure
Ineffective assistance

Derrick D. Brown appeals from an order denying his postconviction motion seeking relief for the alleged ineffective assistance of trial counsel. The issue is whether trial counsel was ineffective for failing to move to suppress the show-up identification as constitutionally impermissible pursuant to State v. Dubose, 2005 WI 126, ¶33, 285 Wis. 2d 143, 699 N.W.2d 582, and for failing to inform Brown of that challenge. We conclude that trial counsel was not ineffective because: (1) he filed a motion to suppress the identification that Brown later waived by pleading guilty; and (2) Dubose was decided over two years after Brown was convicted and does not retroactively apply to Brown's suppression motion. Therefore, we affirm. This opinion will not be published.

2009AP563 State v. Brown

Dist I, Milwaukee County, Donald, J., Per Curiam

Attorneys: For Appellant: Brown, Derrick D., pro se; For Respondent: Loebel, Karen A., Milwaukee; Whelan, Maura F.J., Madison

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