State v. Ziebart

¶ 1. Timothy M. Ziehart appeals from the circuit court order partially granting and partially denying his motion for postconviction relief, following his conviction for robbery, kidnapping, impersonating a peace officer, intimidating a victim, and two counts of second-degree sexual assault, all as a habitual criminal. 2 He argues, under State v. Alsteen, 108 Wis. 2d 723, 324 N.W.2d 426 (1982), that trial counsel was ineffective for failing to object to what he terms the trial court's "substantially overbroad Whitty instruction .. . advis[ing] the jury that it could use evidence of [his] prior…