Ineffective Assistance of Counsel-Conflict of Interest

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Robert L. Dorgay

Case No.: 2021AP000954-CR

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

Focus: Ineffective Assistance of Counsel-Conflict of Interest

Dorgay, pro se, appeals his conviction and the denial of his post-conviction relief motion. He alleges prosecutorial misconduct and ineffective assistance of counsel, claiming his trial attorney had a conflict of interest. Dorgay was convicted of several charges stemming from an altercation with his then-girlfriend, Amber, in 2014. Dorgay first alleges prosecutorial misconduct, arguing that the prosecutor unlawfully detained him by delaying his probation appointment. However, the court finds Dorgay’s departure from the appointment and subsequent flight from trial were his own choices, not due to prosecutorial misconduct. Secondly, Dorgay claims his attorney had a conflict of interest due to Dorgay filing a complaint against him with the Office of Lawyer Regulation. The court disagrees, finding no evidence of an irreconcilable conflict and suggesting Dorgay’s motion was an attempt to delay trial.

Dorgay further alleges ineffective assistance of counsel, citing various instances where his attorney failed to object to evidence or present certain evidence. However, the court finds his attorney’s performance reasonable and the alleged errors did not prejudice the outcome of the trial. Finally, Dorgay seeks a new trial arguing that the real controversy regarding credibility was not fully explored. However, the court declines, stating such a reversal should only occur in exceptional cases, which this does not qualify as.

Affirmed.

Decided 05/29/24

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