State v. Theophilous Ruffin, 974 N.W.2d 432

Defendant Theophilous Ruffin was charged with second-degree sexual assault and mayhem as domestic-abuse offenses after an altercation with his pregnant partner that resulted in severe vaginal injury requiring surgical repair.
Victim A.B. testified Ruffin pulled, struck, and forcibly penetrated her, causing torn labial tissue; Ruffin testified A.B. attacked him, he pushed her legs off to free himself and protect the unborn child, and did not intend to use force.
At trial defense counsel initially requested a self-defense instruction but withdrew it, instead requesting an accident instruction (given for mayhem but not for the sexual-assault count). The jury convicted Ruffin of second-degree sexual assault and acquitted him of mayhem.
Ruffin filed a postconviction motion alleging (among other claims) ineffective assistance of counsel for withdrawing the self-defense instruction request; the circuit court denied the motion without an evidentiary (Machner) hearing.
The court of appeals reversed as to the ineffective-assistance claim and remanded for a Machner hearing, reasoning Ruffin alleged sufficient facts ("some evidence") to entitle him to the instruction.
The Wisconsin Supreme Court granted review, held the court of appeals applied an incomplete test, and reversed, concluding the record conclusively shows Ruffin was not entitled to a self-defense instruction and counsel’s withdrawal was a reasonable strategic decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ruffin was entitled to a Machner evidentiary hearing on his claim that trial counsel was ineffective for withdrawing a request for a self-defense jury instruction	Court of appeals failed to apply full Nelson/Bentley/Howell framework; record conclusively shows no relief and no hearing required	Ruffin alleged sufficient nonconclusory facts ("some evidence") that he acted in self-defense, so he is entitled to a Machner hearing	Reversed court of appeals: although motion alleged sufficient facts, the record conclusively demonstrates no reasonable jury could find self-defense; counsel reasonably withdrew the instruction and no hearing was required

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
State v. Stietz, 375 Wis. 2d 572 (2017) ("some evidence" burden for entitlement to self-defense instruction)
State v. Allen, 274 Wis. 2d 568 (2004) (standard for postconviction-motion facts and hearing review)
State v. Bentley, 201 Wis. 2d 303 (1996) (Nelson/Bentley test for evidentiary hearing entitlement)
State v. Howell, 301 Wis. 2d 350 (2007) (clarification that a hearing is not mandatory if the record conclusively shows no relief)
State v. Dundon, 226 Wis. 2d 654 (1999) (failing to request instruction on an invalid defense is not deficient performance)