Ineffective Assistance of Counsel

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Jason J. Schifelbine

Case No.: 2020AP209-CR

Officials: Reilly, P.J., Gundrum and Davis, JJ.

Focus: Ineffective Assistance of Counsel

Jason J. Schifelbine appeals from a judgment of conviction, following a jury trial, of one count of physical abuse of a child— intentionally causing great bodily harm. Schifelbine also appeals from the order denying his postconviction motion for relief. On appeal, Schifelbine contends that trial counsel was ineffective for failing to refute the State’s assertion that “abusing shaking and/or rotational injury caused T.F. to suffer subdural bleeding and retinal hemorrhages.” Schifelbine contends that while the term “shaken baby syndrome” was never used at trial, Rabbitt’s contention that this case involved abusive head trauma effectively conveyed to the jury that T.F. was a victim of shaken baby syndrome. Schifelbine contends that counsel failed to argue the controversy surrounding this theory, failed to effectively cross-examine Rabbitt, and failed to introduce evidence that T.F. suffered from an impact injury. Upon review, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.