Please ensure Javascript is enabled for purposes of website accessibility

Postconviction Relief-Severance-Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

Postconviction Relief-Severance-Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

Listen to this article

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

Full Text

Polls

What kind of stories do you want to read more of?

View Results

Loading ... Loading ...

Legal News

See All Legal News

Case Digests

Sea all WLJ People

Opinion Digests