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2010AP373-CR State v. Morgan

Criminal Procedure
New trials; interests of justice; ineffective assistance

Clifford Morgan appeals a judgment convicting him of a second or subsequent offense of possession of THC. He also appeals an order denying his motion for a new trial. The issue on appeal is whether Morgan is entitled to a new trial on the grounds of ineffective assistance of counsel or in the interests of justice, based on references made during the trial to a “repeater charge” and “prior drugs.” We conclude that, when weighed against the other evidence presented at trial, the remarks were not significant enough to prejudice Morgan or to prevent the real controversy from being tried. We therefore affirm. This opinion will not be published.

2010AP373-CR State v. Morgan

Dist III, Brown County, Atkinson, J., Per Curiam

Attorneys: For Appellant: Lang, Donald T., Madison; For Respondent: Zakowski, John P., Green Bay; Freimuth, James M., Madison

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