Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. David Ray Graf

Case No.: 2024AP002176-CR

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

Focus: Ineffective Assistance of Counsel

Graf was convicted based on allegations that he sexually assaulted his four-year-old grandniece in 2015. At trial, the child’s parents testified that she disclosed the assault shortly afterward, though they delayed reporting it to police until 2016 due to family and business ties with Graf. The defense argued the allegations were fabricated as part of a dispute over a jointly owned property management company.

Graf claimed before the Court of Appeals, that his trial attorney was ineffective in six ways, including failing to review business records, present evidence of the parents’ alleged financial motives, call witnesses such as Graf’s wife, and admit statements from a family member. Applying the standard from Strickland v. Washington, the court held Graf failed to prove either deficient performance or prejudice.

The court found that many of the omitted statements were inadmissible hearsay, several proposed witnesses had credibility or consistency problems, and counsel made reasonable strategic decisions. It also ruled that any alleged errors would not likely have changed the verdict, individually or cumulatively.

Affirmed.

Decided 05/05/26

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