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SCHLEISNER v. STATE

No. State 124.

58 Wis.2d 605 (1973)

207 N.W.2d 636

SCHLEISNER, Plaintiff in Error, v. STATE, Defendant in Error.

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Harry F. Peck and Hayes, Peck & Gerlach, all of Milwaukee, and oral argument by Harry F. Peck.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

Only one issue is involved on this review: Was defendant denied the effective assistance of counsel at trial?

The root of the alleged incompetency or ineffectiveness of trial counsel lies in trial counsel's choice to try defendant's case under the A. L. I. definition of insanity rather than the M'Naghten definition, thereby assuming the burden of proof of insanity, and in the further allegation that such counsel did not present a prima facie...

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