Sufficiency of Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Robert Brian Spencer

Case No.: 2017AP1722-CR

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

Focus: Sufficiency of Evidence

Robert Brian Spencer appeals from his judgment of conviction entered after a jury convicted him of possession with intent to deliver ten to fifty grams of heroin as a second or subsequent offense, and possession of a firearm by a felon. He also appeals from an order denying his motion for postconviction relief. In that motion, Spencer argued that (1) there was insufficient evidence to support the jury’s verdict; (2) his trial counsel was ineffective for failing to call additional witnesses and investigate a potential challenge to the testimony of one of the police officers involved in the case; (3) his trial counsel was ineffective for failing to file a motion to suppress the evidence obtained after the execution of a search warrant; and (4) the State committed a Brady violation in failing to turn over portions of the personnel record of a police officer who was previously disciplined in an unrelated case.

The trial court granted Spencer’s request for a Machner hearing regarding his ineffective assistance claim relating to counsel’s failure to call additional witnesses, but denied the remainder of Spencer’s motion. At the end of the Machner hearing, the court denied that ineffective assistance claim as well, finding that trial counsel was not deficient and that Spencer had not demonstrated that he was prejudiced because the outcome of the trial would likely not have been different. We affirm.

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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.