Criminal Procedure — ineffective assistance — new trials

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — new trials

Nickole Pergande appeals a circuit court order denying her postconviction motion for a new trial following her conviction for attempted first-degree intentional homicide of her husband, Jaymie Pergande. Nickole contends that: (1) she was denied the effective assistance of counsel when her attorney failed to hire an investigator to interview the State’s expert witnesses or hire defense expert witnesses; (2) the real controversy was not fully tried because her counsel did not present expert testimony to support her defense that the victim’s injury could have been self-inflicted; and (3) proffered defense expert testimony stating that the victim’s injury could have been self-inflicted is newly discovered evidence establishing a reasonable probability that a jury would have a reasonable doubt as to Nickole’s guilt. We reject these contentions, and affirm. This opinion will not be published.

2011AP1217-CR State v. Pergande

Dist IV, Rock County, Werner, J., Per Curiam

Attorneys: For Appellant: Hoag, Jack C., Janesville; For Respondent: O’Leary, David J., Janesville; Remington, Christine A., Madison