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Postconviction Relief-Ineffective Assistance of Counsel

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

Postconviction Relief-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. Orlando Pierre Eaton

Case No.: 2022AP000936-CR

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

Focus: Postconviction Relief-Ineffective Assistance of Counsel

Orlando Eaton appeals a judgment convicting him of first-degree reckless homicide by delivery of a controlled substance as a party to the crime. Eaton also appeals an order denying his motion for postconviction relief. Eaton argues that the circuit court erred by denying his postconviction motion without holding an evidentiary hearing because his motion alleged sufficient facts that entitled him to a hearing on his claims for ineffective assistance of counsel, newly discovered evidence, and sufficiency of the evidence regarding territorial jurisdiction. The victim died in River Falls, Wisconsin, as a result of using the heroin that Eaton delivered to him. Because death resulting from use of the controlled substance is a constituent element of WIS. STAT. § 940.02(2)(a), and because Pearson’s death indisputably took place in Wisconsin, the state has territorial jurisdiction over Eaton. As for ineffective assistance of counsel, Eaton fails to explain how the use of an expert would have led to a different outcome

Affirmed.

Decided 01/30/24

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