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2009AP2833-CR State v. Harris

Criminal Procedure
Jury instructions; ineffective assistance; judicial recusal

Morris L. Harris appeals the judgment entered after a jury found him guilty of battery to a domestic-abuse-injunction petitioner, see Wis. Stat. §§ 940.20(1m)(a) & 813.12, and substantial battery with intent to cause bodily harm, see Wis. Stat. § 940.19(2), both while armed and as an habitual criminal, see Wis. Stat. §§ 939.63 & 939.62. He also appeals the order denying his motion for postconviction relief. Harris argues that: (1) there were errors in the jury instructions; (2) his lawyer gave him constitutionally deficient representation; (3) the trial court should have recused itself; (4) his trial was unfair because of: alleged prosecutorial vindictiveness, the removal of a black juror from the panel, the failure to remove another juror, and because the trial court would not let his rebuttal witnesses testify; and (5) the trial court erroneously exercised its discretion when it sentenced him. We affirm. Publication in the official reports is not recommended.

2009AP2833-CR State v. Harris

Dist I, Milwaukee County, Conen, J., Fine, J.

Attorneys: For Appellant: Grass, Gary, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; St. John, Rebecca Rapp, Madison

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