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Criminal Procedure — ineffective assistance — prosecutorial misconduct

By: WISCONSIN LAW JOURNAL STAFF//January 31, 2012//

Criminal Procedure — ineffective assistance — prosecutorial misconduct

By: WISCONSIN LAW JOURNAL STAFF//January 31, 2012//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — prosecutorial misconduct

David Marshall appeals an order denying his pro se postconviction motion in which he challenged his convictions on two counts of second-degree recklessly endangering safety as a repeater. He argues that his trial counsel was ineffective for failing to assert a violation of Marshall’s Fourth Amendment rights when two law enforcement officers attempted to effect a Terry stop, and for failing to cross-examine the officers with prior inconsistent statements. He also argues prosecutorial misconduct for presenting perjured testimony. We reject these arguments and affirm the order. This opinion will not be published.

2011AP106-CR State v. Marshall

Dist III, Outagamie County, Gage, J., Per Curiam

Attorneys: For Appellant: Marshall, David J., pro se; For Respondent: Wren, Christopher G., Madison; Schneider, Carrie A., Appleton

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