State v. Marks, 794 N.W.2d 547

Dekoria Marks was convicted by jury of attempted second-degree intentional homicide based on domestic-violence-related stabbing of Edward Davis.
Trial proceeded with Walls, Gregory Marks, and Detective Chicks as key witnesses; Marks did not testify.
Redacted in-custody interview of Marks with Detective Chicks was presented to the jury via a transcript and audio.
Defense argued ineffective assistance of counsel and trial court error in redacted material; State opposed.
Court reviewed claims under Strickland and Wisconsin evidentiary rules and affirmed the judgment and postconviction denial.
Court noted two inconsistent defenses were permissible strategic decisions and found no prejudicial error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance—inconsistent defenses	Marks alleges counsel erred by presenting two inconsistent defenses.	Counsel's strategy was within the wide range of professional practice.	No deficient performance or prejudice established.
McMorris evidence for self-defense	Counsel should have moved to admit McMorris evidence about victim's violence.	Record insufficient to show what would be added; no failure of proof.	No prejudice; record shows lack of sufficient basis for McMorris relief.
Redacted audio/transcript prejudice	Unredacted material should have been admitted for completeness.	Redacted portions were not prejudicial given other evidence.	Harmless beyond a reasonable doubt.
Prosecutorial misconduct objections/mistrial	Prosecutor misconduct occurred via redacted transcript handling.	No misconduct established.	No reversible error.
Discretionary reversal under Wis. Stat. § 752.35	New trial warranted to correct miscarriages of justice.	Record does not show real controversy not fully tried.	No basis for discretionary reversal.

Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (test for ineffective assistance requires deficient performance and prejudice)
State v. Love, 284 Wis.2d 111 (Wis. 2005) (evidentiary hearings when material facts alleged and relief due)
State v. Westmoreland, 2008 WI App 15 (Wis. Ct. App. 2008) (inconsistent defenses may be strategic and permissible)
State v. Head, 255 Wis.2d 194 (Wis. 2002) (McMorris-style evidence rules; offer of proof required)
State v. Flynn, 190 Wis.2d 31 (Wis. Ct. App. 1994) (ineffective assistance framework requires showing what counsel should have done)