Postconviction Motion-Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Arnell Deron Gilmer

Case No.: 2021AP001288-CR

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Postconviction Motion-Ineffective Assistance of Counsel

Gilmer appeals the judgment convicting him of first-degree intentional homicide while using a dangerous weapon and of possessing a firearm as a felon. He also appeals the order denying his postconviction motion. Gilmer argues that his trial counsel was ineffective for failing to introduce Gilmer’s post-shooting comments and the victim’s toxicology report. He additionally contends that he is entitled to resentencing. Gilmer’s ineffective assistance of counsel claims fail because there is no reasonable probability that his trial would have ended differently had trial counsel presented the evidence at issue. The appeals court additionally concludes that he is not entitled to resentencing because the trial court properly exercised its sentencing discretion.

Affirmed.

Decided 06/27/23

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