Allocution Rights-Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Robert E. Poch, Jr.

Case No.: 2019AP001022-CR

Officials: Stark P.J., Hruz and Gill, JJ.

Focus: Allocution Rights-Ineffective Assistance of Counsel

Poch, Jr. appealed his conviction for repeated sexual assault of a child, challenging the denial of his motion to suppress statements made to police and the denial of his postconviction motion for resentencing.

Poch argued that his statements to law enforcement should have been suppressed because he was in custody and not given Miranda warnings, and that his statements were coerced. The court, after reviewing the circumstances, concluded that Poch was not “in custody” at the time of the questioning, as he voluntarily accompanied officers to the police station and was not restrained or interrogated in a way that would trigger Miranda requirements. Thus, Poch’s statements were not subject to suppression.

Poch also sought resentencing, claiming that trial counsel improperly advised him not to exercise his right of allocution at sentencing, depriving him of effective assistance of counsel. The court found that the advice given was not deficient.

The court upheld both the denial of the suppression motion and the denial of the postconviction resentencing motion.

Affirmed.

Decided 12/17/24

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