2010AP1485-CR State v. Reas-Mendez

Evidence
Lineup identifications; suggestiveness

Jose Reas-Mendez was found guilty by a jury of three felonies: burglary while armed, contrary to Wis. Stat. § 943.10(2)(a) (2007-08), second-degree sexual assault with the use of force, contrary to Wis. Stat. § 940.225(2)(a) (2007-08); and armed robbery with the threat of force, contrary to Wis. Stat. § 943.32(1)(b) & (2) (2007-08).

Reas-Mendez appeals his judgment of conviction and denial of his postconviction motion based on his claim that his trial counsel was ineffective for failing to obtain suppression of a lineup identification and of the victim’s subsequent identification at trial. Reas-Mendez contends that the pretrial lineup in which the victim identified him as her assailant was impermissibly suggestive, thereby violating his due process rights. We conclude that the lineup was not impermissibly suggestive and that trial counsel therefore was not ineffective because Reas-Mendez’s motion to suppress the lineup identification would have been denied. We affirm. Not recommended for publication in the official reports.

2010AP1485-CR State v. Reas-Mendez

Dist I, Milwaukee County, McMahon, Martens, JJ., Kessler, J.

Attorneys: For Appellant: Cornwall, Andrea Taylor, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Noet, Nancy A., Madison

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