Postconviction Motion

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

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Allen Edward Kindt

Case No.: 2021AP001193-CR

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

Focus: Postconviction Motion

Kindt appeals from a judgment convicting him, following a jury trial, of repeated sexual assault of the same child and incest. Kindt appeals his convictions and the denial of his postconviction motion on several bases, including claims of ineffective assistance of counsel, prosecutorial misconduct, erroneously admitted other-acts evidence, and he seeks a new trial. A convicted defendant may not simply present a laundry list of mistakes by counsel and expect to be awarded a new trial. A criminal defense attorney’s performance is not expected to be flawless. Each alleged error must be deficient in law—that is, each act or omission must fall below an objective standard of reasonableness—in order to be included in the calculus for prejudice

Affirmed.

Decided 04/11/23

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