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Criminal Procedure — ineffective assistance — inattentive jurors

By: WISCONSIN LAW JOURNAL STAFF//April 22, 2014//

Criminal Procedure — ineffective assistance — inattentive jurors

By: WISCONSIN LAW JOURNAL STAFF//April 22, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — inattentive jurors

Tylo Lamont Ward appeals a judgment of conviction entered after a jury found him guilty of one count of first-degree sexual assault of a child. He also appeals an order denying his postconviction motion without a hearing. He claims that the trial court erred by refusing to discharge a juror who allegedly slept during the trial. He further claims that his trial counsel was ineffective for failing to pursue the issue, either by requesting that the allegedly inattentive juror serve as the alternate or by otherwise seeking to prevent the juror from deliberating. Because the trial court found that the evidence did not support a conclusion that a juror was sleeping, and because Ward failed to present sufficient allegations in his postconviction motion to earn an evidentiary hearing on his claim that trial counsel was ineffective, we affirm. This opinion will not be published.

2013AP1904-CR State v. Ward

Dist I, Milwaukee County, Brostrom, Rothstein, JJ., Per Curiam

Attorneys: For Appellant: Holzman, Michael S., Waukesha; For Respondent: Loebel, Karen A., Milwaukee; Wellman, Sally L., Madison

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