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2010AP1731-CR State v. Godard

By: WISCONSIN LAW JOURNAL STAFF//June 22, 2011//

2010AP1731-CR State v. Godard

By: WISCONSIN LAW JOURNAL STAFF//June 22, 2011//

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Criminal Procedure
Ineffective assistance

Leroy M. Godard appeals from his conviction of burglary on the grounds that his trial counsel was ineffective for failing to properly impeach key witnesses. Godard was convicted in a trial by jury where the evidence of his involvement in the crime came from the testimony of two accomplices. Part of the strategy by trial counsel was to claim that the accomplices had a “deal” to testify because neither was prosecuted. On appeal, Godard faults his attorney for failing to listen to the recordings of the discussion between the police and the accomplices which, Godard claims, would have greatly strengthened this claim. This is because the police offered the accomplices a “golden ticket” or a “good possibility” of no charges in exchange for testifying. As did the trial court, we agree that counsel should have listened to the tapes and, had she done so, she likely would have used the recordings to supplement her claim. But assuming deficient representation, for reasons we will soon explain, we are satisfied that none of trial counsel’s alleged deficiencies were prejudicial. We also deal with two related issues raised by Godard and affirm. Not recommended for publication in the official reports.

2010AP1731-CR State v. Godard

Dist II, Sheboygan County, Langhoff, J., Brown, C.J.

Attorneys: For Appellant: Meier, Rick B., Kewaunee; For Respondent: Wellman, Sally L., Madison; DeCecco, Joseph R., Sheboygan

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