Ineffective Assistance of Counsel

Listen to this article

WI Court of Appeals – District II

Case Name: State of Wisconsin v. Scott L. Nutting

Case No.: 2017AP2049-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Ineffective Assistance of Counsel

Scott L. Nutting appeals from a judgment of conviction for second-degree sexual assault of a child and an order denying his postconviction motion for relief. He asserted his trial counsel was ineffective in failing to have the recording excluded or, in the alternative, the circuit court erred in failing to ensure that the recording complied with SCR 71.01(2)(e) (2019) and related statutes. Nutting seeks a new trial on the ground that the trial court record does not reflect which portions of an audio custodial interview of him were played to the jury. We conclude that the circuit court was able to sufficiently reconstruct what was played to the jury and did not err in determining that nothing prejudicial was played. Because we conclude that Nutting was not denied his right to a meaningful appeal and we reject his other challenges, 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.