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Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//September 18, 2023//

Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//September 18, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Terry A.D. Strickland

Case No.: 2022AP000851-CR

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

Focus: Ineffective Assistance of Counsel

Terry A.D. Strickland appeals from a judgment of conviction for two counts of first-degree reckless homicide, with use of a dangerous weapon following a jury trial. He also appeals from the decision and order denying his motion for postconviction relief. On appeal, Strickland asserts that trial counsel was ineffective for failing to impeach a witness with a prior statement that she saw someone other than Strickland firing shots and for failing to call another witness who told police that he saw someone pointing a firearm at Strickland and attempting to pull the trigger, but the firearm jammed. He argues that both of these witnesses would have supported his claim that he acted in self-defense, and thus, “the result of the trial would have been different as [Strickland] would have been acquitted as he acted in self-defense.” He argues that trial counsel performed deficiently and he was prejudiced by that conduct. Because Strickland offers no legal authority demonstrating the viability of his self-defense claim that he advances, considering the facts of this case, including the fact that he was convicted of two counts of first-degree reckless homicide, he fails to show that trial counsel performed deficiently.

Affirmed.

Decided 09/12/23

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