By: Derek Hawkins//December 2, 2015//
WI Court of Appeals – District I
Case No:2014AP2672
Case Name: State of Wisconsin v. Larry D. Wright
Officials: Curley, P.J., Kessler, J., and Daniel L. LaRocque, Reserve Judge.
Pertinent Practice Areas: Criminal – Ineffective Assistance of Counsel
Larry D. Wright, acting pro se, appeals the order denying his postconviction motion without an evidentiary hearing brought pursuant to WIS. STAT. § 974.06 (2013-14). In 2010, Wright was convicted by a jury of two counts of second-degree sexual assault of a child, contrary to WIS. STAT. § 948.02(2) (2009-10), and one count of child enticement, contrary to WIS. STAT. § 948.07(7) (2009-10). In this appeal, Wright contends that: (1) his postconviction counsel gave him ineffective assistance because he did not raise the claim of ineffective assistance of trial counsel in his direct appeal; (2) the trial court should have held a hearing on what he interprets as an unlawful ex parte communication with the jury outside his and his attorney’s presence that violated his right to be present at trial; and (3) the cumulative effect of these alleged errors was prejudicial. We conclude that his trial attorney was not ineffective. There was no prohibited ex parte communication with the jury and his right to be present was not implicated. Finally, since there were no errors, there was no prejudice. Further, because the issues Wright raises are not clearly stronger than those argued by his postconviction attorney, and the issues he presents, on their face, are insufficient to warrant relief, Wright was not entitled to an evidentiary hearing. We affirm.