Criminal Procedure — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//November 13, 2013//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Timothy Doss appeals from a judgment convicting him of manufacturing/delivering narcotics and from a circuit court order denying his postconviction motion seeking a new trial due to ineffective assistance of trial counsel. While trial counsel may have performed deficiently when she failed to call a witness at trial, we conclude that Doss was not prejudiced by counsel’s performance. Additionally, we reject Doss’s claim that in her opening statement, counsel suggested that Doss bore the burden of proof at trial. We affirm the judgment and the order. This opinion will not be published.

2012AP1785-CR State v. Doss

Dist II, Racine County, Gasiorkiewicz, J., Per Curiam

Attorneys: For Appellant: Obernberger, Scott D., Milwaukee; For Respondent: Chiapete, W. Richard, Racine; Noet, Nancy A., Madison

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