Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Alexander T. McGee

Case No.: 2023AP000844-CR

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

Focus: Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct

The Court of Appeals affirmed the circuit court’s judgment convicting McGee of first-degree sexual assault with use of a dangerous weapon and as an act of domestic abuse, burglary, and false imprisonment. McGee was also denied postconviction relief without a hearing. The charges stemmed from McGee’s attack on his child’s mother, Tracy, in June 2013. Despite McGee’s claim that the incident involved consensual sex after a domestic dispute, the jury convicted him based on Tracy’s testimony and corroborating evidence of her injuries.

McGee argued that prosecutorial misconduct occurred during voir dire due to hypothetical scenarios presented by the prosecutor, which he claimed influenced the jury improperly. However, the court ruled that while the prosecutor’s questioning was inappropriate, it did not rise to the level of plain error that would warrant a new trial.

McGee also claimed ineffective assistance of counsel for failing to object during voir dire and for not investigating a witness who could corroborate his defense. The court found no prejudice in these claims, emphasizing that the overwhelming evidence supported Tracy’s version of events.

Affirmed.

Decided 07/16/24

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