Ineffective Assistance of Counsel.

Byline: Derek Hawkins

WI Court of Appeals District II

Case Name: State of Wisconsin v. Scott L. Nutting

Case No.: 2017AP2049-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Ineffective Assistance of Counsel

Scott L. Nutting appeals from a judgment of conviction for second-degree sexual assault of a child and an order denying his postconviction motion for relief. He asserted his trial counsel was ineffective in failing to have the recording excluded or, in the alternative, the circuit court erred in failing to ensure that the recording complied with SCR 71.01(2)(e) (2019) and related statutes. Nutting seeks a new trial on the ground that the trial court record does not reflect which portions of an audio custodial interview of him were played to the jury. We conclude that the circuit court was able to sufficiently reconstruct what was...