Postconviction Relief-Evidence Exclusion-Ineffective Assistance

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Byron Emmett Hall

Case No.: 2021AP001328-CR

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

Focus: Postconviction Relief-Evidence Exclusion-Ineffective Assistance

On May 15, 2017, Gianna, the daughter of Hall’s girlfriend, informed law enforcement that Hall had sexually assaulted her the night before. At the time of the allegation, Gianna was thirteen years old. Hall was arrested and charged with second-degree sexual assault of a child. Hall appeals from a judgment convicting him, following a jury trial, of second-degree sexual assault of a child. He also appeals an order denying his motion for postconviction relief. Hall argues that he is entitled to a new trial due to several purported errors by both the circuit court and his trial counsel. Alternatively, he asks this court to apply the plain error doctrine to “extrinsic evidence [used] to discredit” him at trial and the State’s “misleading” closing argument, or to order a new trial in the interest of justice. The appeals court affirms Hall’s judgment of conviction and the court’s order denying his postconviction motion.

Affirmed.

Decided 03/12/24

Full Text