By: Derek Hawkins//April 16, 2018//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Luis F. Pizzaro
Case No.: 2016AP889-CR
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Ineffective Assistance of Counsel
Luis Pizzaro appeals a judgment of conviction for three felonies and an order denying his postconviction motion. Pizzaro argues he was denied his due process right to a fair trial because the circuit court repeatedly reminded a witness who was testifying on the State’s behalf pursuant to a grant of immunity that she was required to testify truthfully and could be subject to a perjury charge for testifying falsely. Pizzaro also argues his trial counsel rendered ineffective assistance by failing to object to those admonitions.
We conclude Pizzaro has forfeited his due process argument based on his attorney’s failure to object. We also conclude Pizzaro has failed to demonstrate he was prejudiced by his counsel not objecting, as the circuit court’s admonitions were warranted by the witness’s behavior and were not objectively so strong as to render the witness’s subsequent testimony involuntary. Moreover, there is no evidence supporting a conclusion that the witness actually felt coerced or testified falsely in response to the court’s reasonable admonishments. Accordingly, we affirm.