Postconviction Motion-Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//July 3, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Mario Earl Smith

Case No.: 2021AP001362-CR

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

Focus: Postconviction Motion-Ineffective Assistance of Counsel

Mario Earl Smith appeals from a judgment of conviction for possession with intent to deliver cocaine, with use of a dangerous weapon and as a second or subsequent offense, and felon in possession of a firearm. He also appeals from an order of the circuit court denying his postconviction motion alleging ineffective assistance of counsel.

On appeal, Smith argues that he received ineffective assistance of counsel related to his motion to suppress, and he contends that trial counsel was ineffective for failing to call him as a witness at the hearing on the motion to suppress and failing to adequately cross-examine the officer that conducted the stop and subsequent search.

Affirmed.

Decided 06/27/23

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