2010AP1749-CR State v. Grayer

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Criminal Procedure
Ineffective assistance

Jimmie C. Grayer appeals the judgment entered on a jury verdict finding him guilty of first-degree reckless injury (use of a dangerous weapon), see Wis. Stat. §§ 940.23(1)(a) & 939.63, and from an order denying his motion for postconviction relief. He claims that his trial lawyer gave him constitutionally deficient representation and that the trial court should have granted him an evidentiary hearing because his trial lawyer: (1) told the jury his statement to police was not recorded (when in fact it had been recorded, and the prosecutor played part of the recording for the jury); (2) did not object when the prosecutor called Grayer’s act “intentional” during closing argument; (3) did not object when the prosecutor made sarcastic remarks during the State’s rebuttal argument; and (4) should have requested the lesser-included defense of second-degree reckless injury. We affirm. Publication in the official reports is not recommended.

2010AP1749-CR State v. Grayer

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

Attorneys: For Appellant: Boyle, Bridget E., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; O’Brien, Daniel J., Madison

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