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Postconviction Relief-Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//October 9, 2023//

Postconviction Relief-Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//October 9, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Henry L. Watson

Case No.: 2022AP001449-CR

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

Focus: Postconviction Relief-Ineffective Assistance of Counsel

Watson appeals from a judgment of conviction for homicide by negligent handling of a dangerous weapon following a jury trial and an order denying his motion for postconviction relief. In his brief, Watson asserts, in his statement of issues, that “[t]he [c]ircuit [c]ourt did not properly instruct the jury on perfect self-defense[.]” He also states that trial counsel was ineffective because he “failed to challenge the constitutionality of the statute. His trial counsel failed to properly object to the [j]ury’s verdict.”

The appeals court agrees with the State’s argument, adopted by the circuit court, and conclude that Watson did not adequately plead his claim that trial counsel was ineffective for not challenging the constitutionality of WIS. STAT. § 939.48(3).

Affirmed.

Decided 10/03/23

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