Discovery Violations- Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//May 22, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Arthur G. Simmons, Jr.

Case No.: 2022AP000257-CR

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

Focus: Discovery Violations- Ineffective Assistance of Counsel

Simmons appeals from a judgment convicting him, following a jury trial, of trafficking a child, as a party to the crime and as a repeater, and from an order denying his postconviction motion. At trial, Simmons represented himself, but the circuit court appointed standby counsel. Simmons now claims that he is entitled to a new trial based on standby counsel’s constitutionally ineffective assistance and the State’s discovery violations. For the reasons that follow, the appeals court concludes that Simmons has waived these claims, and he is therefore not entitled to the relief he seeks.

Affirmed.

Decided 05/16/23

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