Ineffective Assistance of Counsel-Strickland Standard

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jose Santana-Carranco

Case No.: 2023AP000628-CR

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

Focus: Ineffective Assistance of Counsel-Strickland Standard

Santana-Carranco was convicted of first and second degree sexual assault of children. His postconviction motion alleging ineffective assistance of counsel was denied. He then argued before the Court of Appeals that his trial attorney was ineffective in several ways, including poor communication (due to language barriers), failure to convey a plea offer, failure to subpoena a key alibi witness (his girlfriend), lack of trial strategy, failure to give an opening statement, failure to object during cross-examination, and an inadequate closing argument.

The court applied the Strickland standard found that counsel adequately communicated through interpreters and family members and met with the defendant multiple times. The court noted that counsel had a reasonable trial strategy, initially planning an alibi defense through the girlfriend, who ultimately failed to appear, and reasonably adapted when that strategy collapsed.

The court noted that decisions not to give an opening statement or object during cross-examination were strategic and within professional norms. Regarding the failure to subpoena the girlfriend, Santana-Carranco failed to show prejudice because he did not present evidence of what her testimony would have been. The closing argument, though informal, was not deficient.

Finally, the court rejected the argument that counsel’s pending license suspension rendered his representation per se ineffective, noting he was still licensed at the time.

Affirmed.

Decided 04/14/26

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