Criminal Procedure — ineffective assistance severance

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance severance

James Henke appeals after a jury found him guilty on multiple counts, including second-degree intentional homicide and false imprisonment. These and other charges against Henke stemmed from two related incidents. The false imprisonment charge stemmed from a domestic violence incident between Henke and a woman with whom he was romantically involved. The homicide charge stemmed from a subsequent fight between Henke and Thomas Kratz, who confronted Henke after learning of the domestic incident. During that fight, Henke fatally stabbed Kratz.

Henke’s trial counsel did not seek severance of the counts before or at trial. Post-conviction, Henke sought a new trial, asserting that his trial counsel was ineffective for failing to seek severance. Henke also raised a variety of other ineffective assistance of counsel claims, and further alleged that the circuit court made evidentiary errors. The circuit court rejected Henke’s arguments. We affirm. Not recommended for publication in the official reports.

2011AP2518-CR State v. Henke

Dist IV, Columbia County, White, J., Lundsten, J.

APPEAL from a judgment and an order of the circuit court for

Attorneys: For Appellant: Brehm, Philip J., Janesville; For Respondent: Kohlwey, Jane E., Portage; Tarver, Sandra L., Madison