Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Raphael D. Turner, Jr.,

Case No.: 2017AP1348-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Ineffective Assistance of Counsel

Raphael Turner, Jr., appeals a judgment convicting him of three offenses and an order denying his motion for postconviction relief. Turner argues he is entitled to a new trial because the circuit court improperly admitted impeachment evidence regarding the nature of his prior juvenile delinquency adjudications. He also seeks a new trial based on ineffective assistance of counsel, arguing his trial attorney was ineffective by: (1) failing to object to a question by the State that opened the door to admission of the impeachment evidence; (2) failing to advise Turner about the permissible scope of his testimony; and (3) failing to call a certain witness to testify at trial. In the alternative, Turner argues he is entitled to resentencing because his trial attorney rendered ineffective assistance by failing to advocate on his behalf during his sentencing hearing. Turner further contends the circuit court erred by denying his postconviction motion without a Machner hearing. We reject these arguments and affirm.

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