Postconviction Motion-Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//November 20, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Donald L. Treadwell

Case No.: 2022AP000792-CR

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

Focus: Postconviction Motion-Ineffective Assistance of Counsel

Treadwell appeals from a judgment entered following a jury trial convicting him of one count of first-degree sexual assault of a child under the age of thirteen, and an order denying his postconviction motion. On appeal, Treadwell contends that trial counsel was ineffective for failing to request a mistrial and that the circuit court erroneously denied his postconviction motion without a hearing. The appeals court concludes that E.C.’s (the victim’s mother and the Treadwell’s daughter) testimony was not “sufficiently prejudicial” to warrant a mistrial. Accordingly, trial counsel did not perform deficiently by failing to bring a meritless motion, and the circuit court properly denied Treadwell’s postconviction motion without an evidentiary hearing.

Affirmed.

Decided 11/14/23

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