By: WISCONSIN LAW JOURNAL STAFF//January 9, 2023//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Robert Maurice Black, Jr.
Case No.: 2021AP001583-CR
Officials: Donald, P.J., Dugan and White, JJ.
Focus: Evidence – Ineffective Assistance of Counsel
Black appeals a judgment of conviction for first-degree reckless homicide as a party to a crime, entered upon a jury’s verdict. He further appeals the order denying his motion for postconviction relief. Black makes two primary arguments on appeal. First, he contends the evidence was insufficient to support his conviction. Second, he asserts that he received ineffective assistance of counsel in three ways: (1) his counsel failed to move to suppress his second statement to police, a statement made after he invoked his right to counsel; (2) his counsel failed to secure the attendance of two witnesses; and (3) his counsel provided ineffective representation at sentencing. Failing to request a presentencing investigation is encouraged but not necessary. Black’s own conduct limited any of his attorneys’ ability to effectively represent him. Sentencing counsel (and trial counsel before him) acted reasonably in representing Black with regard to sentencing.
Affirmed.
Decided 01/04/23