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Criminal Procedure – ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//December 30, 2014//

Criminal Procedure – ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//December 30, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – ineffective assistance

APPEAL from a judgment and an order of the circuit court for Milwaukee County: DENNIS P. MORONEY, Judge. Affirmed.

Terrance Ware appeals a judgment entered on a jury verdict convicting him of being a felon in possession of a firearm, and an order denying his motion for a new trial, arguing ineffective assistance of counsel. Ware first contends that the trial court erred by denying his suppression motion because the officers lacked reasonable suspicion to do a protective search of the car Ware was driving after a traffic stop. Ware also argues he was denied effective assistance of counsel because his trial counsel did not object to testimony of an officer regarding the veracity of another witness’s testimony, and because his trial counsel did not object when the prosecutor made an incorrect statement in closing argument. Ware contends the trial court erred when it denied his ineffective assistance claim without a Machner hearing.

DISTRICT I; Milwaukee County; DENNIS P. MORONEY, Judge; Kessler and Brennan, JJ., and Thomas Cane, Reserve Judge

2014AP000378-CR State v. Terrance L. Ware

Attorneys: For Appellant: Mullins, Brian Patrick For Respondent: Loebel, Karen A.; Larson, Sarah K.

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