Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Erik Michael Lindberg

Case No.: 2021AP000124-CR

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

Focus: Ineffective Assistance of Counsel

Lindberg challenges his conviction on three counts of possession of child pornography and the trial court’s denial of his postconviction motion without a hearing. Lindberg raises four main arguments on appeal: (1) insufficient evidence to support his conviction, (2) ineffective assistance of trial counsel, (3) entitlement to a new trial based on newly discovered evidence, and (4) entitlement to a new trial in the interest of justice.

The court found that the State presented sufficient evidence to support Lindberg’s convictions. Evidence included testimonies linking Lindberg to the devices containing the images, admissions by Lindberg about his use of the devices and downloading of pornographic images, and expert testimony regarding the nature of the images as depicting underage individuals. Despite Lindberg’s arguments challenging the sufficiency of this evidence, the court determined that the evidence was adequate under Wisconsin law.

Regarding Lindberg’s claim of ineffective assistance of counsel, the court agreed that there were grounds for a Machner hearing to evaluate whether trial counsel’s failure to adequately investigate the images and prepare a defense constituted deficient performance. Lindberg’s argument centered on post-trial revelations that a model in one of the images was of legal age, suggesting potential exculpatory evidence that trial counsel failed to uncover.

Given the need for a Machner hearing to delve into these allegations, the court did not address Lindberg’s arguments related to newly discovered evidence or a new trial in the interest of justice, deeming them premature pending the outcome of the hearing.

In summary, the court reversed the trial court’s order and remanded the case for a Machner hearing to investigate Lindberg’s claim of ineffective assistance of counsel, while affirming the sufficiency of the evidence presented by the State.

Reversed and remanded.

Decided 06/25/24

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