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Counsel – Ineffective Assistance – Deficient Performance – Examination of Witness – Eliciting Comment on Witness’s Credibility

State v. Robert L. Snider, 2003 WI App 172, PFR filed 8/22/03
For Snider: Timothy J. Gaskell

Issue/Holding: The detective’s testimony as to what he believed at the time he was conducting the investigation did not amount to a comment on the credibility of a witness, hence was not deficient performance, ¶27. Moreover, “(c)ounsel’s attempt to discredit the investigating detective by showing that he came to a premature conclusion regarding what had occurred, and thereafter pursued a one-sided investigation, was a reasonable trial tactic and did not constitute deficient performance.” ¶28.

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