Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

In 2004, Romey J. Hodges pled guilty to first-degree reckless homicide. See Wis. Stat. § 940.02(1) (2003–2004). We affirmed Hodges’s conviction on direct appeal. See State v. Hodges, No. 2005AP127-CR, unpublished slip op. (WI App Nov. 26, 2006). In January of 2012, Hodges filed a Wis. Stat. § 974.06 motion claiming that his trial and postconviction lawyer gave him constitutionally deficient representation. See State ex rel. Rothering v. McCaughtry, 205 Wis. 2d 675, 682, 556 N.W.2d 136, 139 (Ct. App. 1996) (ineffective postconviction assistance may be a sufficient reason for not having previously raised issues). The circuit court denied the motion without holding a hearing under State v. Machner, 92 Wis. 2d 797, 285 N.W.2d 905 (Ct. App. 1979) (hearing to determine whether lawyer gave a defendant ineffective assistance). Hodges appeals pro se. We affirm. Publication in the official reports is not recommended

2012AP1330 State v. Hodges

Dist I, Milwaukee County, Sankovitz, J., Fine, J.

Attorneys: For Appellant: Hodges, Romey J., pro se; For Respondent: Loebel, Karen A., Milwaukee; Wittwer, Jacob J., Madison