Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Deandre Bernard appeals a judgment convicting him of first-degree intentional homicide as a party to the crime. He also appeals an order denying his motion for postconviction relief. Bernard’s main arguments are that (1) trial counsel was ineffective by failing to investigate and use a witness’s mental health condition to impeach her, (2) trial counsel was ineffective by failing to request a jury instruction on accomplice testimony, (3) the circuit court should have suppressed a videotaped police interview of Bernard because it was a custodial interrogation conducted without Miranda warnings, and (4) playing the videotaped interview for the jury violated State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984), because it showed a detective commenting on Bernard’s truthfulness. We reject Bernard’s arguments, and affirm. Not recommended for publication in the official reports.

2012AP750-CR State v. Bernard

Dist IV, Dane County, O’Brien, J., Lundsten, J.

Attorneys: For Appellant: Hunt, Edward J., Milwaukee; For Respondent: Kaiser, Robert J., Jr., Madison; Whelan, Maura F.J., Madison