Postconviction Relief-Sentencing-Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Robert C. McMath

Case No.: 2021AP001941-CR

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

Focus: Postconviction Relief-Sentencing-Ineffective Assistance of Counsel

McMath was convicted of three counts of trafficking a child and three counts of soliciting a child for prostitution involving two juvenile victims, D.M.J. and K.K.Y. He appealed on the grounds that the circuit court erroneously denied his postconviction discovery motion and that he deserved a Machner hearing for his ineffective assistance of counsel claim.

McMath’s primary arguments included a request for access to juvenile court records and confidential psychological records of the victims, arguing these could provide impeachment evidence. The court found McMath’s motions insufficient under the standards set in previous cases, like State v. Bellows and the recent State v. Johnson decision, which overruled the in-camera inspection for non-State-held privileged records.

Additionally, McMath claimed ineffective assistance of counsel for not calling specific witnesses. The court determined that the proposed testimonies would not have changed the trial’s outcome as they did not conflict with the evidence of McMath’s trafficking activities.

The court emphasized that McMath failed to demonstrate the requisite impact of the undiscovered evidence on the trial’s result and did not meet the legal standards for postconviction relief.

​Affirmed.

Decided 07/16/24

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