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Criminal Law

: Law Of Criminal Defense

WI: Failure to object to comment about refusal to consent was IAC

By John Wesley Hall, Jr.

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In an eyewitness ID case, it was IAC for defense counsel to fail to object to the prosecutor’s eliciting that defendant refused to consent to taking DNA evidence and then argue in it close. The other IAC claims are moot by the granting of a new trial. State v. Banks, 2010 Wisc. App. LEXIS 561 (July 21, 2010).

Full post as published by Law Of Criminal Defense on July 23, 2010 (boomark / email).

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