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Postconviction Relief – Sufficiency of Evidence

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

Postconviction Relief – Sufficiency of Evidence

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

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. John Earl Mannery

Case No.: 2019AP001242-CR

Officials: Donald, P.J., Dugan and White, JJ.

Focus: Postconviction Relief – Sufficiency of Evidence

Mannery was alleged to have engaged in trafficking a child, soliciting a child for prostitution, child enticement–intent to cause a child to engage in prostitution, human trafficking, and physical abuse of a child.

Mannery, pro se, appeals from his convictions for seven counts, entered upon a jury’s verdicts in two cases joined for trial and consolidated on appeal. He also appeals from the orders denying his postconviction motions for relief. Mannery argues that the State’s evidence was insufficient to support the jury’s verdicts, that his trial counsel was ineffective for failing to impeach several of the State’s witnesses, that he was denied his constitutional right to be present or have counsel present during jury deliberations and when the court answered jury questions, and that cumulative errors prejudiced his defense. The appeals court rejects all of his arguments made in postconviction and on appeal regarding sufficiency of the evidence, ineffective assistance of counsel, his right to have counsel present during jury deliberations and jury questions, and cumulative error. The appeals court concludes that the trial court acted within its discretion to deny Mannery’s postconviction motions without a hearing.

Affirmed.

Decided 05/16/23

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