Ineffective Assistance of Counsel-Resentencing

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kenneth Sheldon Hill

Case No.: 2022AP001633-CR

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

Focus: Ineffective Assistance of Counsel-Resentencing

Hill appealed his conviction for first-degree reckless injury and physical abuse of a child, arguing that he was sentenced based on inaccurate information regarding the severity of the victim’s injuries and that he received ineffective assistance of counsel. The court rejected his arguments.

The case stemmed from an incident where Hill assaulted a woman and her daughter, resulting in severe injuries to the woman. During trial, evidence including testimonies and medical records indicated the extent of the injuries sustained. Hill contended that certain details about the injuries were inaccurate, such as the duration of unconsciousness and specific injuries sustained. However, the court found that Hill failed to prove that the circuit court relied on inaccurate information during sentencing.

Furthermore, Hill claimed ineffective assistance of counsel for not objecting to the alleged inaccuracies. The court determined that even if counsel had objected, there was no reasonable probability of a different outcome, thus rejecting Hill’s claim of ineffective assistance.

Ultimately, the Court of Appeals affirmed the judgment and postconviction order, concluding that Hill’s resentencing claim lacked merit. Therefore, the original conviction and sentencing stood.

Affirmed.

Decided 04/30/24

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