Criminal Procedure — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//September 18, 2014//

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Travanti Schmidt appeals a judgment convicting him of disorderly conduct and an order denying his motion for a new trial based on his claim of ineffective assistance of counsel. Schmidt argues that the circuit court erred in denying him a Machner evidentiary hearing on his claim. I conclude that, even if Schmidt could have established at a Machner hearing that counsel performed deficiently, Schmidt cannot satisfy the prejudice prong of the test for ineffective assistance of counsel. I therefore disagree that the circuit court erred, and affirm. This opinion will not be published.

2014AP718-CR State v. Schmidt

Dist IV, Grant County, Van De Hey, J., Lundsten, J.

Attorneys: For Appellant: Zick, Vicki, Johnson Creek; For Respondent: Pozorski, Anthony J., Lancaster; Weber, Gregory M., Madison; Riniker, Lisa A., Lancaster

Select Region or Brand

Upcoming Event