Newly Discovered Evidence- Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Fue C. Lor

Case No.: 2021AP001978-CR

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

Focus: Newly Discovered Evidence- Ineffective Assistance of Counsel

Fue Lor appeals a judgment convicting him of several child sex offenses and possession of child pornography. He also appeals an order denying his postconviction motion without an evidentiary hearing. Lor argues that the circuit court erred by denying his motion to suppress because the warrant used to search his cell phone was facially invalid. Lor also argues that the court erroneously denied his postconviction motion without holding an evidentiary hearing to consider whether law enforcement could have limited its search of his cell phone.

The appeals court agrees with the circuit court’s conclusion that Lor cannot prevail under either a newly discovered evidence claim or an ineffective assistance of counsel claim. Both claims fail because there is not a “reasonable probability” of a different result on Lor’s suppression motion if Schiavo’s testimony had been presented at the original suppression hearing.

Affirmed.

Decided 08/15/23

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