Criminal Procedure — ineffective assistance — out-of-court identifications

By: WISCONSIN LAW JOURNAL STAFF//March 11, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — out-of-court identifications

Mario Emmanuel James, pro se, appeals the judgment convicting him of armed robbery with the use of force, as party to a crime. He also appeals the order denying his postconviction motion without a hearing. James argues that the trial court erred in denying his motion without a hearing because: (1) the prosecutor engaged in misconduct by knowingly putting on false testimony and vouching for a witness’s credibility; (2) the photo array in which one of the robbery victims identified him was impermissibly suggestive; (3) trial counsel was ineffective; and (4) reversal is required in the interest of justice. We disagree and affirm. Not recommended for publication in the official reports.

2013AP309-CR State v. James

Dist I, Milwaukee County, Dallet, J., Curley, P.J.

Attorneys: For Appellant: James, Mario Emmanuel, pro se; For Respondent: Loebel, Karen A., Milwaukee; Larson, Sara Lynn, Madison

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