Ineffective Assistance of Counsel

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Rondale Darmon Tenner

Case No.: 2018AP1115-CR

Officials: Kessler, P.J., Brennan and Brash, JJ.

Focus: Ineffective Assistance of Counsel

Rondale Darmon Tenner appeals his judgment of conviction entered on a jury verdict finding him guilty of first-degree reckless homicide while using a dangerous weapon, armed robbery, and possession of a firearm by a felon. He also appeals an order of the circuit court denying his postconviction motion.

Tenner argues that he received ineffective assistance from his trial counsel because counsel failed to impeach one of the State’s witnesses—Tenner’s former girlfriend—with her prior criminal convictions. Tenner further argues that he is entitled to a new trial based on newly-discovered evidence: an affidavit by an inmate stating that one of the witnesses to the shooting had allegedly confessed to committing the homicide himself.

After an evidentiary hearing on Tenner’s postconviction motion, the circuit court rejected Tenner’s claim of ineffective assistance of counsel, finding that trial counsel had made a reasonable strategic decision in not impeaching Tenner’s former girlfriend. The court also concluded that the inmate who said he heard the witness’s confession was not credible. The court therefore denied Tenner’s motion. We affirm.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.