Ineffective Assistance of Counsel- Admission of Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Edrick Lovess Futch

Case No.: 2021AP002123-CR

Officials: Donald, P.J., Dugan and White, JJ.

Focus: Ineffective Assistance of Counsel- Admission of Evidence

Futch appeals a judgment of conviction entered following a court trial for two counts of soliciting a child for prostitution, and an order denying his postconviction motion. On appeal, Futch contends that the trial court erred in barring the defense from asking a detective about a letter Futch wrote to the victim. In addition, Futch contends that his trial attorney was ineffective for failing to object to: (1) the use of fifteen prior convictions to impeach Futch; and (2) hearsay testimony from the victim’s mother.

The appeals court ruled that the admission of the complete letter or further questioning of the detective would not have done anything to enhance the credibility of Futch’s testimony. The content of the letter was merely cumulative to Futch’s testimony. As for the ineffective assistance of counsel argument, if the number of prior convictions had been limited, there is not a reasonable probability that this would have materially impacted the trial court’s credibility assessment of Futch and resulted in an acquittal.

Affirmed.

Decided 03/28/23

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