(Download) "State V. Paine" by State of Wisconsin in Court of Appeals District I # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Paine
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 06, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
¶1 Lawrence C. Paine appeals from an order denying his post-conviction motion which alleged ineffective assistance of trial counsel based upon trial counsel's: (1) failure to produce two witnesses at trial who Paine asserts would corroborate significant portions of his defense; (2) failure to object to rebuttal evidence on a collateral matter offered by the State to impeach one aspect of Paine's testimony and thus attack his credibility; and (3) inadequate cross-examination of a State witness regarding information obtained by the police during the investigation. The motion was denied without a hearing. We conclude that the motion set forth facts which, if true, would entitle Paine to relief, that the trial court found reasons for trial counsel's failure to produce these witnesses which are not supported by the record, and that the trial court erroneously reached the legal conclusion that trial counsel's failures could not have prejudiced Paine. We reverse and remand for a hearing.*fn2