State v. Robert C. McMath
2025 WI App 54
Wis. Ct. App.2025Background
- Robert C. McMath was convicted in Milwaukee County Circuit Court of first-degree recklessly endangering safety, endangering safety from a vehicle, and possession of a firearm by a felon, stemming from a July 2015 drive-by shooting at Milwaukee Auto Glass & Sound.
- Employees of the shop testified that McMath had angrily confronted them the day of the shooting regarding a faulty stereo and subsequently returned in his car to fire shots into the building.
- McMath presented an alibi, claiming he was elsewhere on July 14, with testimony from his son’s mother and father partially supporting his claim, but no precise times were provided.
- McMath was found guilty after a bench trial; the trial court found the State's witnesses more credible and rejected McMath's alibi as insufficient.
- Postconviction, McMath argued for ineffective assistance of counsel because his attorney did not call another alibi witness, Rhaneshia Allison, who allegedly could have further supported his timeline.
- A Machner hearing was held, but the court found that Allison’s testimony would not have conclusively established an alibi and denied postconviction relief; McMath appealed.
Issues
| Issue | McMath's Argument | State's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not calling alibi | Failure to call Allison as a witness was prejudicial | Allison's testimony would not have changed outcome | No prejudice; conviction affirmed |
| Sufficiency/weight of circumstantial evidence | Evidence was merely circumstantial, thus weaker | Circumstantial evidence can be strong, sufficient | Circumstantial evidence sufficient |
| Counsel’s strategic decision about witnesses | Goldmann unjustifiably failed to call key witness | Decision was reasonable; evidence against strong | No deficiency found |
| Was outcome of trial undermined/"suspect" | Additional alibi should undermine confidence in outcome | Testimony wouldn’t negate possibility of presence | Outcome not undermined |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (articulates standard for ineffective assistance of counsel)
- State v. Johnson, 153 Wis. 2d 121 (sets standard of review for counsel's performance and prejudice)
- State v. Searcy, 288 Wis. 2d 804 (notes that circumstantial evidence can support a conviction)
- State v. Smith, 207 Wis. 2d 258 (clarifies meaning of prejudice under Strickland)
- State v. Carter, 324 Wis. 2d 640 (addresses deference to trial court credibility findings)