Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jerry L. Graveen

Case No.: 2022AP001216-CR

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

Focus: Ineffective Assistance of Counsel

Graveen pled no contest, as a repeat offender, to one count of a vehicle operator fleeing or eluding an officer and one count of second-degree reckless endangerment. The presentence investigation report (PSI) described the offenses as they were set forth in the criminal complaint. This description included allegations that: (1) at one point during the pursuit, a law enforcement officer had to “jump out of the way” of Graveen’s vehicle; (2) at another point, Graveen’s vehicle “made contact with the passenger side of [the squad car of the same law enforcement officer]” as the officer was attempting to block Graveen’s path; and (3) Graveen resisted arrest after his vehicle got stuck in a pond, and he needed to be electronically shocked before he could be handcuffed.

Graveen appeals from a judgment convicting him of two felonies arising out of a high-speed car chase involving multiple law enforcement officers, and from an order denying his postconviction motion for resentencing. The sole issue on appeal is whether Graveen’s trial counsel provided ineffective assistance by failing to obtain and review a squad car video of the car chase prior to Graveen’s sentencing hearing. As a result of this failure, Graveen alleges that his counsel was unable to adequately represent him at the sentencing hearing. Graveen cannot demonstrate prejudice from his counsel’s alleged failure.

Affirmed.

Decided 09/19/23

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