Ineffective Assistance of Counsel-Brady Violations

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Derrick Montorel Wilson

Case No.: 2022AP000796-CR

Officials: Donald, P.J., Geenen and Colón, JJ.

Focus: Ineffective Assistance of Counsel-Brady Violations

Derrick Montorel Wilson, pro se, appeals from the judgment convicting him of two counts of armed robbery, and the order denying postconviction relief. On appeal, Wilson contends in pertinent part that some of the evidence in his case should have been suppressed, and that he is entitled to a new trial based on newly discovered evidence and in the interest of justice.

The appeals court affirmed the circuit court’s decision primarily because Wilson failed to provide sufficient evidence that any procedural or substantive legal errors occurred during his trial that would warrant overturning his conviction or granting a new trial. Specifically, the court found that Wilson did not demonstrate that his trial counsel was ineffective or that there were Brady violations affecting the fairness of his trial. Additionally, the appeals court determined that the new evidence Wilson presented was not likely to produce a different outcome at a new trial, as it was not material to the case’s central issues and was merely cumulative rather than exculpatory. Thus, the appellate court held that the lower court’s decision was sound and based on a thorough and appropriate application of the law, leading to the affirmation of the conviction and the denial of postconviction relief.

Affirmed.

Decided 04/16/24

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