Postconviction Relief-Severance-Ineffective Assistance of Counsel

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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 Relief-Severance-Ineffective Assistance of Counsel

Martell A. Green appeals his conviction, 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.

• Green could not demonstrate that the circuit court erred in refusing to grant severance.2.) The circuit court’s decision to deny a continuance was not an erroneous exercise of discretion. 3.) The circuit court did not err by failing to grant Green a new trial on the basis of prosecutorial misconduct. 4.) The ineffective assistance of counsel fails as a convicted defendant may not simply present a laundry list of mistakes by counsel and expect to be awarded a new trial.

Affirmed.

Decided 05/09/23

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