Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Michael D. Martin

Case No.: 2020AP1575-CR

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

Focus: Ineffective Assistance of Counsel

Michael Martin appeals a judgment of conviction for sexual assault of a child under the age of thirteen in violation of WIS. STAT. § 948.02(1)(e) (2019-20) following a jury trial. He also appeals the circuit court’s order denying his postconviction motion for a new trial. Martin argues that his trial counsel rendered ineffective assistance of counsel by failing to object to the following: several portions of the prosecutor’s cross examination of him during trial, rebuttal testimony related to some of this cross examination, and one portion of the prosecutor’s closing arguments. As to each claimed instance of ineffective assistance, we conclude that he fails to establish one or the other of the required prongs for such a claim, either that his counsel performed deficiently or that he was prejudiced. Based on the same reasoning, we reject closely related arguments Martin makes for a new trial based on plain error or that we should use our discretionary power under WIS. STAT. § 752.35 to order a new trial. Accordingly, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.