State v. Jimothy A. Jenkins
848 N.W.2d 786
Wis.2014Background
- Jenkins was convicted by jury of first-degree intentional homicide (party to a crime) with a dangerous weapon, first-degree reckless injury (party to a crime) with a dangerous weapon, and possession of a firearm by a felon.
- Postconviction motion sought a new trial based on ineffective assistance of trial counsel and the interest of justice.
- A Machner evidentiary hearing was held; the circuit court denied relief and the court of appeals affirmed.
- Central contested issue: whether defense counsel erred by not calling eyewitness Cera Jones and whether other potential witnesses would have altered the outcome.
- The majority held trial counsel deficient for failing to call Jones and prejudicial under Strickland, reversing and remanding for a new trial.
- The opinion also discusses discretionary reversal under Wis. Stat. § 752.35 and whether a new trial is warranted in justice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to call Jones as witness | State argues Jones could contradict Kimber and support alibi. | Jenkins contends failure was not deficient and prejudice not shown. | Yes; deficient performance and prejudice shown; remand for new trial. |
| Discretionary reversal for interest of justice | State contends appellate reversal not necessary if ineffective assistance shown. | Jenkins seeks discretionary reversal to grant new trial. | We do not address other grounds; majority remands for new trial on ineffective assistance. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-prong test for ineffective assistance of counsel)
- State v. Guerard, 273 Wis. 2d 250 (Wis. 2004) (credibility determinations and prejudice analysis in ineffective assistance)
- State v. Carter, 324 Wis. 2d 640 (Wis. 2010) (standard for deficient performance and prejudice; deference to counsel decisions)
- State v. Domke, 337 Wis. 2d 268 (Wis. 2011) (prejudice inquiry under Strickland; jury credibility role)
- State v. McCollum, 208 Wis. 2d 463 (Wis. 1997) (recantation and reasonable doubt standard for prejudice)
- Toliver v. Pollard, 688 F.3d 853 (7th Cir. 2012) (witness testimony as part of deficient performance analysis)
- State v. Friedrich, 398 N.W.2d 763 (Wis. 1987) (credibility and weight reserved for jury; limits on legal incredibility findings)