Ineffective Assistance of Counsel

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Michael K. Justice

Case No.: 2023AP002265-CR

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

Focus: Ineffective Assistance of Counsel

Justice was convicted of multiple child sexual assault offenses. He appealed the convictions, based on an assertion of Ineffective Assistance of Counsel. A circuit court granted Justice a new trial and vacated his convictions.

The Court of Appeals found that Justice’s trial counsel was not constitutionally ineffective under Strickland v. Washington. First, counsel reasonably chose not to introduce evidence that one victim had engaged in prior sexual misconduct. Although potentially relevant to credibility or motive, counsel strategically avoided it to prevent the jury from blaming Justice for that conduct or reacting negatively to attacks on child victims. The court deferred to this strategic judgment.

Second, counsel’s decision to elicit testimony about Justice’s reaction to his arrest, including his silence, was also deemed reasonable. Counsel used it to support a broader defense theory that law enforcement conducted an inadequate investigation and failed to seek Justice’s account before charging him.

Third, even if counsel erred by not objecting to brief testimony about the victims’ truthfulness, the court found no prejudice, as the testimony was minimal and outweighed by other evidence, including victim testimony and forensic interviews.

The court also rejected Justice’s alternative argument that he was denied a fair trial when evidence of a victim viewing pornography was excluded. The court found the evidence had little probative value and risked jury speculation, so its exclusion was proper and did not violate his right to present a defense.

Reversed and remanded.

Decided 04/21/26

Full Text