Please ensure Javascript is enabled for purposes of website accessibility

Evidence – Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//January 9, 2023//

Evidence – Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//January 9, 2023//

Listen to this article

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

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests