Ineffective Assistance of Counsel-Plain Error-Postconviction Relief

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Demetrus Pickens

Case No.: 2021AP001840-CR

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

Focus: Ineffective Assistance of Counsel-Plain Error-Postconviction Relief

Pickens appeals a judgment, entered upon a jury’s verdicts, convicting him of attempted first-degree intentional homicide, party to a crime of attempted first-degree intentional homicide, and possession of a firearm by a felon. Pickens also appeals the order denying his motion for postconviction relief. Pickens argues that his trial counsel was ineffective with respect to the admission of the trial testimony of two law enforcement officers expressing what Pickens claims were improper opinions on the credibility of other witnesses. Pickens alternatively asserts that admission of the testimony constituted plain error.

The appeals court disagrees. WISCONSIN STAT. § 901.03(4) (2021-22), recognizes the “plain error” doctrine, which allows appellate courts to review errors that were otherwise forfeited by a party’s failure to object. Plain error is “error so fundamental that a new trial or other relief must be granted even though the action was not objected to at the time.” The error, however, must be “obvious and substantial,” and courts should use the plain error doctrine sparingly. There is no bright-line rule for what constitutes plain error. Rather, the existence of plain error will turn on the facts of the particular case. Neither of the challenged statements violated the Haseltine rule; therefore, there was no error in their admission.

Affirmed.

Decided 10/24/23

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