Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Enrique Velez-Figueroa

Case No.: 2021AP002165-CR

Officials: Brash, C.J., Donald, P.J., and White, J.

Focus: Ineffective Assistance of Counsel

Velez-Figueroa appeals a judgment entered following a jury trial convicting him of second-degree sexual assault of a child and child enticement, and an order denying his postconviction motion. On appeal, Velez-Figueroa contends that he was denied effective assistance of counsel at trial because counsel failed to: (1) object to the physical restraints placed on Velez-Figueroa during trial; (2) object to Velez-Figueroa testifying from the defense table; and (3) move to withdraw. Additionally, Velez-Figueroa contends that the trial court failed to independently inquire into the need for Velez-Figueroa’s physical restraints. The appeals court concludes that trial counsel did not perform deficiently, and that the record supports the trial court’s decision to restrain Velez-Figueroa. The record conclusively shows that trial counsel did not perform deficiently.

Affirmed.

Decided 05/16/23

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