Ineffective Assistance of Counsel

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Devon E. Words

Case No.: 2022AP001832-CR

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

Focus: Ineffective Assistance of Counsel

Summary (“Please summarize the following decision in under 250 words”)

The State of Wisconsin appealed a decision granting Devon E. Words a new trial based on claims of ineffective assistance of counsel. Words was initially convicted of second-degree intentional homicide and firearm possession after shooting an acquaintance during an altercation. Post-conviction, Words argued that his trial counsel’s performance was deficient, specifically for not presenting crucial evidence like a threatening Facebook post by the victim and evidence of the victim’s violent character.

The appellate court acknowledged potential deficiencies in trial counsel’s performance but ultimately found that these did not prejudice Words’s defense. Despite errors in counsel’s strategy, the court concluded that Words received a fair trial, and the jury’s verdict was supported by substantial evidence. The court emphasized that Words failed to demonstrate that the additional evidence, if presented, would have reasonably changed the trial’s outcome. Therefore, the appellate court reversed the lower court’s decision to grant a new trial, reinstating Words’s conviction and sentence for both charges.

The court’s decision centered on the lack of sufficient prejudice to warrant a new trial despite acknowledging potential deficiencies in counsel’s performance, thereby upholding Words’s original conviction.

Reversed.

Decided 06/18/24

Full Text