2010AP589, 2010AP1137-W State v. Otis, et al.

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Criminal Procedure
Ineffective assistance

Darrell Lemont Otis appeals an order denying his Wis. Stat. § 974.06 motion for postconviction relief. He also filed a petition for writ of habeas corpus under State v. Knight, 168 Wis. 2d 509, 512, 484 N.W.2d 540 (1992), asserting that his appellate counsel gave him constitutionally deficient representation. We consolidated the petition with this appeal. Otis claims: (1) the evidence was insufficient to support the time-period element of his repeated sexual assault conviction; (2) that his appellate counsel was constitutionally deficient for not adequately raising the insufficiency issue; and (3) his trial lawyer gave him constitutionally deficient representation by not using his work records to show he was at work during the time two of the assaults may have occurred. We affirm the order and deny the petition. Publication in the official reports is not recommended.

2010AP589, 2010AP1137-W State v. Otis, et al.

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

Attorneys: For Appellant: Lichstein, Byron C., Madison; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison; Kinnunen, Erik, Madison

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