Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Matthew Joseph Myke

Case No.: 2022AP001091-CR

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

Focus: Ineffective Assistance of Counsel

Matthew Myke appeals a judgment convicting him of repeated sexual assault of the same child. He also appeals an order denying his motion for postconviction relief. Myke contended that his trial counsel was ineffective for not advising him on his right to testify, failing to investigate and call certain witnesses, and not objecting to the prosecutor’s comments on Myke’s silence during closing arguments. He also argued that excluding certain text messages from evidence deprived him of his right to present a defense. The court found Myke’s counsel had advised him regarding testifying, prepared him to testify, and made strategic decisions not to call specific witnesses or object during closing arguments. Additionally, the court held that excluding the text messages was a discretionary decision that did not violate Myke’s rights, as the messages were not essential to his defense and their exclusion did not leave him without reasonable means to defend his case.

Affirmed.

Decided 03/26/24

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