Criminal Procedure — ineffective assistance — prosecutorial misconduct

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Criminal Procedure — ineffective assistance — prosecutorial misconduct

Mafayette Fields appeals an order denying his Wis. Stat. § 974.06 (2009-10) postconviction motion in which he sought to vacate his guilty plea to first-degree reckless homicide. He argues: (1) his trial counsel was ineffective in numerous respects; (2) the court erred when it denied his motion to suppress his confession; (3) prosecutorial misconduct based on the assistant district attorney’s “threat” to raise the charge to first-degree intentional homicide, the prosecutor allegedly providing misleading statements regarding DNA evidence and presenting false evidence, and the prosecutor’s allegedly withholding exculpatory evidence based on a witnesses “recantation;” (4) his plea was involuntary due to the State’s “threat” and unknowing because he was unaware of the correct status of the DNA evidence and the “recantation;” (5) the court improperly exercised its discretion by denying his request for counsel for the postconviction hearing; and (6) the court reporter failed to transcribe the complete hearing. We reject these arguments and affirm the order. This opinion will not be published.

2011AP1964 State v. Fields

Dist I, Milwaukee County, Cimpl, J., Per Curiam

Attorneys: For Appellant: Fields, Mafayette, pro se; For Respondent: Loebel, Karen A., Milwaukee; Larson, Sara Lynn, Madison

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