Ineffective Assistance of Counsel-Jury Instruction

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lorainz D. Johnson

Case No.: 2021AP000572-CR

Officials: Donald, P.J., Dugan and White, JJ.

Focus: Ineffective Assistance of Counsel-Jury Instruction

Lorainz D. Johnson appeals from a judgment of conviction for first-degree reckless homicide and an order of the circuit court denying his postconviction motion for a new trial.1

On appeal, Johnson first argues that he is entitled to a new trial because he received ineffective assistance of counsel. He contends that his trial counsel was ineffective for failing to request a jury instruction on the lesser included offense of second-degree reckless homicide. He also contends that his trial counsel was ineffective for failing to request WIS JI—CRIMINAL 801, the jury instruction that specifically applies to self-defense for criminally reckless conduct. Johnson additionally argues that he is entitled to a new trial in the interest of justice.

In light of the testimony given at trial, arguments by the State and trial counsel, and the instruction that was provided to the jury, the court concludes that Johnson suffered no prejudice, and rejects his second claim of ineffective assistance of counsel. In addition, this is not an exceptional case in which the record suggests that the real controversy has not been fully tried or there was any miscarriage of justice and the court therefore, declines to grant a new trial in this case.

Affirmed.

Decided 11/01/22

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