Ineffective Assistance of Counsel – Postconviction Relief – Plea Withdrawal

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Mitchell Lane Butler

Case No.: 2022AP000706-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Ineffective Assistance of Counsel – Postconviction Relief – Plea Withdrawal

Mitchell Butler appeals a judgment convicting him of two counts of physical abuse of a child (intentionally causing great bodily harm), with one of the counts as a party to the crime. Butler also appeals an order denying his postconviction motion for plea withdrawal. Butler argues that he should be permitted to withdraw his no-contest pleas because his trial attorney was constitutionally ineffective for failing to investigate Butler’s alibi defense. Butler further argues that the circuit court erred by denying his postconviction motion without holding a hearing. The appeals court concludes that the court properly denied Butler’s postconviction motion without a hearing. The appeals court concludes that the record conclusively shows that Butler cannot establish the prejudice prong of his ineffective assistance claim

Affirmed.

Decided 03/14/23

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