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Postconviction motion under § 974.06 – denial of hearing where record conclusively shows no basis for relief

State v. Romey J. Hodges, 2012AP1330, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity

The circuit court properly denied Hodges’s § 974.06 motion alleging that trial counsel was ineffective for failing to investigate, and properly advise  Hodges regarding, a self defense claim. Based on the record Hodges has not shown his actions were reasonable self-defense; it is also clear from the record trial counsel knew the law of self-defense and gave Hodges effective representation. (¶¶3, 9-10). The circuit court also properly rejected Hodges’s claim that his trial and appellate lawyers failed to investigate new scientific research about adolescent brain development, which Hodges claimed would have supported a self-defense claim. The research did not support the conclusion that a person of Hodges’s age, intellect, and experience at the time of the offense would have perceived a threat in the conduct of the victim. (¶¶11-12).

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