Jury Instructions-Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Daniel Dwayne Tipton

Case No.: 2022AP001146-CR

Officials: White, C.J., Geenen and Blanchard, JJ.

Focus: Jury Instructions-Ineffective Assistance of Counsel

The State charged Tipton with attempted second-degree sexual assault of a child under sixteen years of age arising out of allegations that Tipton attempted to have sexual contact with his girlfriend’s 13-year-old daughter, A.B., on June 28, 2019. Daniel Dwayne Tipton appeals from the judgment of conviction, entered upon a jury’s verdict, for attempted second-degree sexual assault of a child. He also appeals the order denying his motion for postconviction relief without a hearing. On appeal, Tipton argues that the trial court incorrectly instructed the jury.

Tipton’s claim of ineffective assistance of counsel fails because he has not made a showing of prejudice from trial counsel’s failure to object that the definition of sexual contact was not included in the jury instructions. The appeals court concludes the trial court’s decision to deny Tipton’s motion for postconviction relief without a hearing was within its discretion.

Affirmed.

Decided 03/19/24

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