Criminal Procedure — ineffective assistance

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Jeremiah Felton appeals a judgment of conviction for first-degree intentional homicide and an order denying his postconviction motion. Felton seeks a new trial either in the interest of justice or because his trial counsel was ineffective. Both theories rely on the same two premises: the jury was not apprised of expert testimony on shaken baby syndrome that contradicted that of the State’s experts, and the prosecutor incorrectly stated during closing argument that a jailhouse informant could not receive anything in return for his testimony. We conclude that Felton fails to demonstrate that his proffered expert testimony substantially conflicted with the State’s case and that the prosecutor’s statement was not sufficiently harmful. We therefore affirm. This opinion will not be published.

2012AP229-CR State v. Felton

Dist III, Brown County, Kelley, J., Per Curiam

Attorneys: For Appellant: Pray, John A., Madison; Lichstein, Byron C., Madison; For Respondent: O’Brien, Daniel J., Madison; Lasee, David L., Green Bay