Postconviction Motion for a New Trial

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Martell A. Green

Case No.: 2022AP000151-CR

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

Focus: Postconviction Motion for a New Trial

The State charged Green, Keotis Hamilton, and Devon Bell in a joint criminal complaint. It alleged that on January 8, 2019, Detective Sergeants Thomas Robinson and Anthony Crum, with the Forest County Sheriff’s Office, conducted a traffic stop on a vehicle driven by Green in which Hamilton and Bell were passengers. The detectives stopped the vehicle after observing that Green was not wearing his seatbelt. After performing a records check on all three men, officers learned that Hamilton had an outstanding arrest warrant. A search of the vehicle revealed a small scale that tested positive for cocaine as well as a “torn baggie.” Green appeals from a judgment convicting him, following a jury trial, of possession with intent to deliver more than three but not more than ten grams of heroin; possession with intent to deliver more than fifteen but not more than forty grams of cocaine; and possession of drug paraphernalia, each as a party to the crime and as a repeater. He also appeals from the circuit court’s order denying his postconviction motion for a new trial. Green appeals on several bases, including: (1) the court’s denial of his severance motion; (2) the State’s failure to comply with its discovery obligations; (3) the State’s failure to correct false witness testimony; and (4) multiple claims of ineffective assistance of counsel. The appeals court rejects all Green’s claims.

Affirmed.

Decided 04/25/23

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