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Postconviction Relief – Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//January 17, 2023//

Postconviction Relief – Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//January 17, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Howard E. Grady

Case No.: 2021AP001179

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Postconviction Relief – Ineffective Assistance of Counsel

Grady, pro se, appeals from an order of the circuit court denying his motion for postconviction relief, without a hearing. On appeal, Grady argues that trial counsel was ineffective because (1) he failed to inspect a bedsheet and have it admitted into evidence and (2) he failed to object to the charge of substantial battery prior to trial. Relatedly, he argues that postconviction counsel was also ineffective for failing to raise these issues of trial counsel’s ineffectiveness in his prior appeal. Grady further argues that postconviction counsel was also ineffective for failing to timely file a notice of appeal and then for failing to file a petition for review. The court concludes that Grady has failed to provide a sufficient reason for failing to bring his claims earlier, and is barred from now bringing his claims of ineffective assistance of trial counsel and postconviction counsel related to the bedsheet and charge of substantial battery. Grady’s claims are barred.

Affirmed.

Decided 01/10/23

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