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Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2023//

Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Dizzy Dean Wells, Jr.

Case No.: 2021AP001254-CR

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: Ineffective Assistance of Counsel

Dizzy Dean Wells, Jr., appeals the judgment convicting him of strangulation and suffocation, false imprisonment, and disorderly conduct with use of a dangerous weapon, all as a domestic abuse repeater. Wells also appeals the order denying his postconviction motion. The sole issue on appeal is whether Wells’ trial counsel was ineffective for not presenting the victim’s phone records and a neighbor’s testimony to impeach the victim at trial. the decision not to present the evidence at issue does not constitute deficient performance. “The test of effectiveness is much broader and an accused is not entitled to the ideal, perfect defense or the best defense but only to one which under all the facts gives him reasonably effective representation.”)

Affirmed.

Decided 03/07/23

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