Admission of Evidence-Ineffective Assistance of Counsel-Postconviction Relief

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Thomas Edward Dornbrook

Case No.: 2022AP001837-CR

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

Focus: Admission of Evidence-Ineffective Assistance of Counsel-Postconviction Relief

Dornbrook was convicted by a jury of incest and first-degree sexual assault of a child under age thirteen. Dornbrook argues: (1) his trial counsel was deficient for not objecting to hearsay evidence from a detective; (2) the circuit court erroneously admitted hearsay evidence from two school employees; and (3) he is entitled to a new trial in the interest of justice under WIS. STAT. § 752.35 (2021-22).1

The appeals court rejects Dornbrook’s arguments and concludes: (1) Dornbrook failed to show that he suffered prejudice as a result of trial counsel’s failure to object to the detective’s testimony; (2) the State proved beyond a reasonable doubt that the school employees’ testimony was harmless; and (3) Dornbrook is not entitled to a new trial under WIS. STAT. § 752.35. Accordingly, the appeals court affirms his judgment of conviction and the order denying postconviction relief.

Affirmed.

Decided 02/13/24

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