Criminal Procedure – venue — speedy trials — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – venue — speedy trials — ineffective assistance

Following a jury trial, Michael O’Haver was convicted of first-degree intentional homicide. On appeal, O’Haver contends that the circuit court erred by denying his request for a change of venue, that his constitutional right to a speedy trial was violated, that he is entitled to a new trial because an expert’s opinion, discovered after trial, constitutes newly discovered evidence, and that he was denied the effective assistance of counsel because his trial counsel failed to discover and present the “newly discovered” expert testimony. We reject each argument, and affirm the circuit court. Not recommended for publication in the official reports.

2011AP2930-CR State v. O’Haver

Dist II, Waukesha County, Mac Davis, Foster, JJ., Lundsten, P.J.

Attorneys: For Appellant: Bonneson, Paul G., Milwaukee; For Respondent: Pray, Eileen W., Madison; Schimel, Brad, Waukesha