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Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//February 7, 2024//

Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//February 7, 2024//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Noah D. Clark

Case No.: 2022AP001130-CR

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

Focus: Ineffective Assistance of Counsel

Noah D. Clark appeals from a judgment of conviction, entered following a jury trial, for intentional physical abuse of a child, felony bail jumping, and disorderly conduct. State charged Clark with one count each of strangulation and suffocation, felony bail jumping, disorderly conduct, and physical abuse of a child as the result of Clark’s altercation with his then-girlfriend’s fourteen-year-old son.  He also appeals from the circuit court’s order denying his motion for postconviction relief. Clark argues that he is entitled to a new trial because he received constitutionally ineffective assistance of counsel and because the court erroneously admitted evidence regarding the nature of his prior convictions. Clark failed to overcome the

presumption of reasonable representation; therefore, his defense counsel did not provide constitutionally ineffective assistance by choosing not to introduce photographic evidence. As for prior convictions the circuit court’s decision limiting both the number of and the discussion of the nature of the prior convictions in conjunction with the limiting jury instruction demonstrates that the court implicitly balanced the probative value of the evidence against its prejudicial effect and properly exercised its discretion in admitting the evidence.

Affirmed.

Decided 01/30/24

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