People v. Wiggen

Defendant was convicted, after bench trial, of domestic battery. Neither State's evidence nor testimony offered by defense established that Defendant reasonably believed her conduct was necessary to prevent or terminate her ex-boyfriend's entry into her house. Defendant's testimony shows that she did not have an actual belief that a use of physical force was necessary to prevent ex-boyfriend's entry, and he showed no conduct that suggested that force would have been necessary. Because Defendant testified and because her trial testimony undermined any theory of defense centered on the defense of dwelling, Defendant cannot successfully establish either that trial counsel's performance was deficient or that she was prejudiced by counsel's performance. (O'BRIEN, concurring; WRIGHT, specially concurring.)