2009AP2341-CR State v. Lilly

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Criminal Procedure
Ineffective assistance

Warren Gamial Lilly, Jr., a/k/a/ Warren Gamaliel Lilly, Jr., pro se, appeals from an order that denied his postconviction motion seeking a new trial pursuant to Wis. Stat. § 974.06 (2007-08). A jury convicted him in 2003 of substantial battery by use of a dangerous weapon. The overarching issue is whether Lilly received ineffective assistance of counsel from the second trial attorney he retained to defend him against the charge. Lilly asserts that his trial counsel was ineffective for: (1) representing Lilly at trial despite inadequate time for trial preparation; (2) failing to develop the defense that Lilly did not intend to commit a crime; (3) examining Lilly improperly at trial about his prior criminal conviction; (4) failing to demonstrate that the victim drank alcohol before the battery; (5) failing to obtain transcripts from an earlier proceeding for use at trial; (6) failing to investigate “other matters and witnesses”; (7) failing to argue that the State wrongly prosecuted him for violating an unconstitutional statute; and (8) failing to argue that the State improperly charged him with using a dangerous weapon. We reject his arguments and affirm the order of the circuit court. This opinion will not be published.

2009AP2341-CR State v. Lilly

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

Attorneys: For Appellant: Lilly, Warren Gamial, Jr., pro se; For Respondent: Loebel, Karen A., Milwaukee; Lloyd, Katherine Desmond, Madison

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