Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Michael J. Foster

Case No.: 2020AP2149-CR

Officials: Fitzpatrick, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Ineffective Assistance of Counsel

Michael Foster appeals a judgment of conviction and an order of the Jefferson County Circuit Court denying his request for postconviction relief. Foster was convicted of resisting an officer causing substantial bodily harm contrary to WIS. STAT. § 946.41(2r) (2019-20).  Foster filed a postconviction motion for a new trial, alleging that his trial counsel provided constitutionally ineffective assistance by failing to request a jury instruction regarding the defense raised at trial that the officer used excessive force during the officer’s interaction with Foster. The circuit court denied Foster’s motion. We affirm the ruling of the circuit court. Foster’s assertion that his trial counsel was ineffective fails because he has not provided to this court: (1) material instructional language that trial counsel purportedly should have requested; and (2) a developed argument articulating a basis, through reliance on applicable authorities, for such an instruction.

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Derek A Hawkins is Corporate Counsel, at Salesforce.