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Criminal Procedure – ineffective assistance – juror misconduct

Wisconsin Court of Appeals


Criminal Procedure – ineffective assistance – juror misconduct

APPEAL from a judgment and an order of the circuit court for Marathon County: JILL N. FLASTAD, Judge. Affirmed.

Timothy Grandison appeals a judgment convicting him of kidnapping with the use of a dangerous weapon, two counts of second-degree sexual assault, resisting or obstructing an officer, possession of cocaine with use of a dangerous weapon, and two counts of criminal damage to property, all as a repeat offender. He also appeals an order denying his postconviction motion, in which he alleged ineffective assistance of trial counsel and juror misconduct. The circuit court rejected the ineffective assistance claim after considering the testimony of Grandison’s trial counsel, and it rejected the juror misconduct claim without taking testimony from the juror, finding Grandison’s motion and supporting affidavit failed to identify any potentially prejudicial extraneous information discovered by the juror. Grandison contends his trial counsel was ineffective in his closing argument by conceding Grandison obstructed an officer, and he asserts he is entitled to a hearing on his claim of juror misconduct.[1] We reject these arguments and affirm the judgment and order.

DISTRICT III; Marathon County; JILL N. FLASTAD; Hoover, P.J., Stark, Hruz, JJ

2014AP000076-CR State v. Timothy T. Grandison

Attorneys: For Appellant: O’Connell, Timothy T. For Respondent: Heimerman, Kenneth J.; Noet, Nancy A.

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