By: Derek Hawkins//November 24, 2015//
Criminal
WI Court of Appeals: District I
Officials: Higginbotham, Sherman and Blanchard, JJ.
Ineffective Assistance of Counsel
2014AP1943 State of Wisconsin v. Allen Dell Vaughn
Allen Vaughn appeals from an order that denied, without a hearing, his motion for a new trial on a conviction for attempted first- degree intentional homicide. Vaughn contends that counsel provided ineffective assistance by not pursuing at trial a claim of unnecessary defensive force after having previously raised a claim of perfect or imperfect self-defense in a motion in limine. For the reasons explained below, we conclude that counsel had an insufficient basis to meet the burden of production on a claim of unnecessary defensive force, and therefore acted within professional norms in abandoning the claim at trial.
Affirmed. Per Curiam.