Clark motion in Wisconsin

2024State v. Bentley, 201 Wis. 2d 303, 309-10 , 548 N.W.2d 50 (1996). “[A]n evidentiary hearing is not mandatory if a defendant’s motion presents only conclusory allegations or if the record as a whole conclusively demonstrates that the defendant is not entitled to relief.” State v. Spencer, 2022 WI 56, ¶47 , 403 Wis. 2d 86 , 976 N.W.2d 383 (citation omitted). ¶39 To obtain a Machner hearing, Clark’s motion needed to allege facts sufficiently showing both deficiency and prejudice, which if true, would entitle him to relief.

2024State v. Bentley, 201 Wis. 2d 303, 309-10 , 548 N.W.2d 50 (1996). “[A]n evidentiary hearing is not mandatory if a defendant’s motion presents only conclusory allegations or if the record as a whole conclusively demonstrates that the defendant is not entitled to relief.” State v. Spencer, 2022 WI 56, ¶47 , 403 Wis. 2d 86 , 976 N.W.2d 383 (citation omitted). ¶39 To obtain a Machner hearing, Clark’s motion needed to allege facts sufficiently showing both deficiency and prejudice, which if true, would entitle him to relief.

2024The circuit court denied Clark’s ineffective assistance claim and in doing so, noted that Clark’s substance abuse history was mentioned at sentencing and additional information about his drug use would not 4 State v. Machner, 92 Wis. 2d 797, 804 , 285 N.W.2d 905 (Ct. App. 1979). 13 No. 2022AP1657-CR have altered its decision on his eligibility for the Substance Abuse Program.

2024The circuit court denied Clark’s ineffective assistance claim and in doing so, noted that Clark’s substance abuse history was mentioned at sentencing and additional information about his drug use would not 4 State v. Machner, 92 Wis. 2d 797, 804 , 285 N.W.2d 905 (Ct. App. 1979). 13 No. 2022AP1657-CR have altered its decision on his eligibility for the Substance Abuse Program.

2024State v. Bentley, 201 Wis. 2d 303, 309-10 , 548 N.W.2d 50 (1996). “[A]n evidentiary hearing is not mandatory if a defendant’s motion presents only conclusory allegations or if the record as a whole conclusively demonstrates that the defendant is not entitled to relief.” State v. Spencer, 2022 WI 56, ¶47 , 403 Wis. 2d 86 , 976 N.W.2d 383 (citation omitted). ¶39 To obtain a Machner hearing, Clark’s motion needed to allege facts sufficiently showing both deficiency and prejudice, which if true, would entitle him to relief.

2024State v. Bentley, 201 Wis. 2d 303, 309-10 , 548 N.W.2d 50 (1996). “[A]n evidentiary hearing is not mandatory if a defendant’s motion presents only conclusory allegations or if the record as a whole conclusively demonstrates that the defendant is not entitled to relief.” State v. Spencer, 2022 WI 56, ¶47 , 403 Wis. 2d 86 , 976 N.W.2d 383 (citation omitted). ¶39 To obtain a Machner hearing, Clark’s motion needed to allege facts sufficiently showing both deficiency and prejudice, which if true, would entitle him to relief.

2022Viewing the evidence in the light most favorable to the State and the conviction, as we must, see id. at 500 , we conclude that the evidence was not insufficient to support the verdicts. ¶12 Second, Clark argues that the circuit court erred by allowing Lomax to testify, over Clark’s objection, that he recognized Clark in the photograph from the surveillance video.

2022The circuit court shifted the burden to the 15The same is true for Drexler, 266 Wis. 2d 438, ¶¶10-11 , to the extent it is inconsistent with this opinion. 13 No. 2020AP1058-CR State, however, so we reverse its order granting Clark's motion collaterally attacking her 1995 and 2002 convictions.

2017A toxicology report used as a partial foundation for a medical examiner's cause of death determination——a report lacking any accusation or basis therefor against the defendant——is not the type of evidence "at which the Confrontation Clause was directed." See Crawford, 541 U.S. at 68 . ¶37 Applying all the pertinent Clark factors in this case results in a single conclusion: the toxicology report in this case was not "testimonial" because its primary purpose was to identify the concentration of the tested substances in biological samples sent by the medical examiner as a part of her autopsy to d

1995In Stem, the court said: "We emphasize that the question of frivolousness is not determined in the same manner as motions for summary judgment or directed verdict or dismissal for failure to state a claim upon which relief can be granted." Stem, 185 Wis. 2d at 241 n.7, 517 N.W.2d at 666 (citing Stoll v. Adriansen, 122 Wis. 2d 503, 509 , 362 N.W.2d 182, 186 (Ct. App. 1984)).

1995In Stem, the court said: "We emphasize that the question of frivolousness is not determined in the same manner as motions for summary judgment or directed verdict or dismissal for failure to state a claim upon which relief can be granted." Stem, 185 Wis. 2d at 241 n.7, 517 N.W.2d at 666 (citing Stoll v. Adriansen, 122 Wis. 2d 503, 509 , 362 N.W.2d 182, 186 (Ct. App. 1984)).