Postconviction Relief – Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. David John Kilgore

Case No.: 2021AP001241-CR

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

Focus: Postconviction Relief – Ineffective Assistance of Counsel

David Kilgore appeals a judgment of conviction for two counts of first-degree sexual assault and an order denying his postconviction motion for a new trial. Kilgore contends that his trial attorney was constitutionally ineffective by failing to introduce surveillance video footage at trial. According to Kilgore, the footage would have impeached the alleged victim’s credibility and discredited her testimony that Kilgore sexually assaulted her.

The supreme court agrees with Kilgore that his trial attorney performed deficiently by failing to introduce the surveillance video footage and that counsel’s deficient performance prejudiced Kilgore’s defense. The appeals court reverses Kilgore’s judgment of conviction and the order denying his postconviction motion.

Reversed and Remanded.

Decided 05/23/23

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