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Wemark v. State, 602 N.W.2d 810

Facts

Robert Wemark was convicted of first-degree murder after stabbing his wife, Melissa, fifteen times. Following his conviction and life sentence, Wemark filed for postconviction relief in 1996, alleging ineffective assistance of counsel. He claimed his attorneys improperly instructed him to disclose the knife's location to a state expert, failed to investigate potential jury influences, and inadequately challenged the medical examiner's testimony regarding the stab wounds.

Wemark was also scheduled to be examined by Dr. Michael Taylor, a medical expert employed by the State after Wemark filed his diminished responsibility defense. Before the scheduled interview, Wemark disclosed the location of the knife he used to stab his wife to his counsel.

Issue

Did Wemark's counsel provide ineffective assistance by disclosing the knife's location, failing to investigate jury influences, and inadequately challenging the medical examiner's testimony?

Did Wemark's counsel provide ineffective assistance by disclosing the knife's location, failing to investigate jury influences, and inadequately challenging the medical examiner's testimony?

Rule

To establish ineffective assistance of counsel, the applicant must show that counsel failed to perform an essential duty and that prejudice resulted from this failure.

To establish an ineffective assistance of counsel claim, the applicant must show that 'counsel failed to perform an essential duty, and prejudice resulted therefrom.'

Analysis

The court found that Wemark's counsel acted within reasonable professional assistance by disclosing the knife's location due to ethical obligations and strategic considerations. The court also noted that there was no credible evidence of jury misconduct and that the medical examiner's testimony was adequately addressed by the defense. The overwhelming evidence against Wemark indicated that the disclosure of the knife did not affect the trial's outcome.

The court found that Wemark's counsel acted within reasonable professional assistance by disclosing the knife's location due to ethical obligations and strategic considerations.

Conclusion

The court affirmed the district court's denial of Wemark's application for postconviction relief, concluding that he received effective assistance of counsel and that no prejudice resulted from the alleged errors.

We conclude Wemark received effective assistance of counsel. Accordingly, there was no cumulative error.

Who won?

State; the court found that Wemark's claims of ineffective assistance of counsel were unsubstantiated and that he was not prejudiced by his counsel's actions.

The district court denied the application for postconviction relief. It found defense counsel exercised reasonable trial strategy by allowing Wemark to meet with Dr. Taylor and by encouraging him to disclose the location of the knife.

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