Motor Vehicles – OWI

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — ineffective assistance

Deborah A. Nixon appeals from a judgment of conviction for second-offense operating while under the influence of an intoxicant (OWI) and from a postconviction order denying her request for a new trial. Nixon contends that she is entitled to a new trial due to ineffective assistance of counsel or, alternatively, in the interest of justice as her trial counsel erred in not introducing expert testimony that would have supported her version of events. The circuit court denied Nixon’s motion without an evidentiary hearing as it found she was not prejudiced by the absence of such testimony. We agree and affirm. This opinion will not be published.

2013AP822-CR State v. Nixon

Dist II, Kenosha County, Schroeder, J., Reilly, J.

Attorneys: For Appellant: Grunder, Steven D., Madison; For Respondent: Zapf, Robert D., Kenosha; Weber, Gregory M., Madison; Burgoyne, Andrew Joseph, Kenosha