Winnebago County v. J.M.
In this commitment-extension proceeding the Supreme Court affirmed the decision of the court of appeals affirming the circuit court’s order denying J.M.’s motion for post-disposition relief in which J.M. claimed ineffective assistance of counsel. The Court answered (1) J.M. had a statutory right to effective assistance of counsel in his Chapter 41 commitment-extension hearing, and the Strickland standard is the correct standard for evaluating a claim of ineffective assistance of counsel in a commitment-extension hearing; (2) J.M. did not show that a reasonable probability existed that the result of the proceeding would have been different had his trial counsel’s performance not been allegedly deficient regarding J.M.’s appearance in prison garb; and (3) J.M. did not establish that he was entitled to a new trial on the ground that his wearing of prison garb during the trial so distracted the jury that justice was miscarried, and the circuit court’s conflicting jury instructions did not entitle J.M. to a new trial in the interest of justice. View "Winnebago County v. J.M." on Justia Law