Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//March 25, 2024//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Derrick Dwayne Conn, Sr.

Case No.: 2022AP001343-CR

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

Focus: Ineffective Assistance of Counsel

Derrick Dwayne Conn, Sr., appeals a judgment of conviction for first-degree sexual assault of a child, and an order denying his postconviction motion. He argues that trial counsel was ineffective for: (1) failing to object during the State’s rebuttal argument; (2) failing to present witnesses to assist with his defense; and (3) failing to convey a plea offer prior to trial. The appeals court rejects each of Conn’s arguments and affirm. Even if the appeals court assumes that trial counsel performed deficiently, the appeals court agrees with the circuit court that Conn has failed to establish prejudice. To establish prejudice, Conn must show “a reasonable probability” that he would have accepted the plea offer.

Affirmed.

Decided 03/19/24

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