[Download] "State v. Simmons" by State of Wisconsin in Court of Appeals District I * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Simmons
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 19, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1 A jury found Demetris S. Simmons, a convicted felon, guilty of possessing a firearm, a violation of WIS. STAT.§ 941.29(2) (2003-04). After sentencing, Simmons moved the circuit court for a new trial, contending that his trial counsels performance was deficient for failing to call as a trial witness one of the police officers involved in his stop. Simmons maintained that he was prejudiced by that failure because trial counsel essentially "forced [him] to proceed to trial in violation of his right to confront his accuser, namely the missing police officer." Simmons also argued that the circuit court erroneously exercised its discretion by denying his request for adjournment of the trial so that he could subpoena the missing police officer. The circuit court denied the post-conviction motion, and Simmons appeals. Because Simmons failed to establish that his trial counsel was ineffective and because the record demonstrates that the circuit court properly exercised its discretion in denying the adjournment, we affirm.