A defendant who argues that the defendant received ineffective assistance of appellate counsel in a habeas petition because certain arguments were not raised must show why the claims the defendant believes should have been raised on appeal were “clearly stronger” than the claims that were raised. State v. Starks, 2013 WI 69, 349 Wis. 2d 274, 833 N.W.2d 146, 10-0425. Under Padilla, 559 U.S. 356 (2010), counsel’s failure to advise a defendant concerning clear deportation consequences of a plea bargain is prejudicial if the defendant shows that a decision to reject the plea bargain would have been rational under the circumstances. The defendant is not required to show that there would be a different outcome or that the defendant had real and viable challenges to the underlying veracity of the conviction. State v. Mendez, 2014 WI App 57, 354 Wis. 2d 88, 847 N.W.2d 895, 13-1862. But see State v. Shata, 2015 WI 74, 364 Wis. 2d 63, 868 N.W.2d 93, 13-1437. The court where an alleged ineffective assistance of counsel occurred is the proper forum in which to seek relief unless that forum is unable to provide the relief necessary to address the ineffectiveness claim. The remedy for an attorney’s failure to file a notice of intent to pursue postconviction relief is an extension of the timeframe to file the notice. Because the circuit court is without authority to extend the deadline to file a notice of intent to pursue postconviction relief, the proper forum lies in the court of appeals. State ex rel. Kyles v. Pollard, 2014 WI 38, 354 Wis. 2d 626, 847 N.W.2d 805, 12-0378. Failure to call a potential witness may constitute deficient performance. A failure to call a key witness, however, does not always necessarily constitute deficient performance. The failure to call a witness may have been a reasonable trial strategy. State v. Jenkins, 2014 WI 59, 355 Wis. 2d 180, 848 N.W.2d 786, 12-0046. Montejo, 556 U.S. 778 (2009), effectively established that a waiver of Miranda, 384 U.S. 436 (1966), rights is sufficient to waive the 6th amendment right to counsel and that such a waiver is not presumed invalid merely because the defendant is already represented by counsel. This section does not provide greater protections than the 6th amendment of the U.S. Constitution in the context of a waiver of the right to have counsel present during questioning. State v. Delebreau, 2015 WI 55, 362 Wis. 2d 542, 864 N.W.2d 852, 13-1108. The U.S. Supreme Court in Edwards, 554 U.S. 164 (2008), declined to adopt a federal constitutional competency standard and specifically recognized an individual trial court’s authority to make competency determinations. Nothing in Edwards establishes severe mental illness as the only circumstance in which a trial judge may deny the right of self-representation. The Wisconsin standards established by Klessig, 211 Wis. 2d 194 (1997), are not contrary to Edwards. Whether a defendant is competent to proceed pro se is uniquely a question for the trial court to determine. State v. Jackson, 2015 WI App 45, 363 Wis. 2d 484, 867 N.W.2d 814, 13-2859. Trial counsel did not perform deficiently by failing to inform the defendant that his no-contest plea to substantial battery was certain to result in his deportation and permanent exclusion from the United States. Because federal immigration law is not “succinct, clear, and explicit” in providing that the defendant’s substantial battery constituted a crime involving moral turpitude, the defendant’s attorney needed to do no more than advise him that pending criminal charges may carry a risk of adverse immigration consequences. State v. Ortiz-Mondragon, 2015 WI 73, 364 Wis. 2d 1, 866 N.W.2d 717, 13-2435. Any language in Mendez, 2014 WI App 57, that suggests that Padilla, 559 U.S. 356 (2010), requires an attorney to advise an alien client that a conviction for a deportable offense will necessarily result in deportation is withdrawn. An attorney is required to “give correct advice” about the possible immigration consequences of a conviction. The attorney in this case satisfied that requirement by correctly advising the client that his guilty plea carried a “strong chance” of deportation. Executive action, including the U.S. Department of Homeland Security’s exercise of prosecutorial discretion, can block the deportation of deportable aliens. State v. Shata, 2015 WI 74, 364 Wis. 2d 63, 868 N.W.2d 93, 13-1437. Counsel’s trial strategy decisions, even those appearing unwise in hindsight, will not constitute ineffective assistance of counsel so long as they are reasonably founded on the facts and law under the circumstances existing at the time the decision was made. It was not unreasonable for defendant’s counsel to allow an investigator to testify that the victim was telling the truth when counsel’s goal was to demonstrate that the investigator’s investigation was limited due to the investgator’s bias. State v. Smith, 2016 WI App 8, 366 Wis. 2d 613, 874 N.W.2d 610, 14-2653. Under Felton, 110 Wis. 2d 485 (1983), trial counsel’s decisions must be based upon facts and law upon which an ordinarily prudent lawyer would have then relied. This standard implies deliberateness, caution, and circumspection, and counsel’s decision must evince reasonableness under the circumstances. When counsel articulated no tactical reason implying deliberateness, caution, and circumspection for failing to call a witness and the record was devoid of any factual basis for a strategy that supported that failure, defense counsel’s performance was deficient. State v. Honig, 2016 WI App 10, 366 Wis. 2d 681, 874 N.W.2d 589, 14-2968. The 6th amendment’s guarantee of effective assistance of counsel does not require defense counsel to inform a defendant about the possibility of civil commitment under ch. 980 when the defendant enters a plea to a sexually violent offense. State v. LeMere, 2016 WI 41, 368 Wis. 2d 624, 879 N.W.2d 580, 13-2433. Physical separation between a defendant and the defendant’s attorney during a plea hearing, absent more, will not be analyzed as a complete denial of the right to counsel under Cronic, 466 U.S. 648 (1984). Such a claim may instead be analyzed under the framework set forth in Strickland, 466 U.S. 668 (1984). State v. Anderson, 2017 WI App 17, 374 Wis. 2d 372, 896 N.W.2d 364, 15-2611. Failure to raise arguments that require the resolution of unsettled legal questions generally does not render a lawyer’s services outside the wide range of professionally competent assistance sufficient to satisfy the 6th amendment. State v. Lemberger, 2017 WI 39, 374 Wis. 2d 617, 893 N.W.2d 232, 15-1452. The standard to use in forfeiture of trial counsel cases established under Cummings, 199 Wis. 2d 721 (1996), is upheld. There are two situations when a defendant loses the right to counsel: 1) a defendant may knowingly, intelligently, and voluntarily waive the right to counsel; and 2) a defendant may forfeit the right to counsel. The triggering event for forfeiture is when the court becomes convinced that the orderly and efficient progression of the case is being frustrated. State v. Suriano, 2017 WI 42, 374 Wis. 2d 683, 893 N.W.2d 543, 15-0959. Scenarios triggering forfeiture of the right to trial counsel include: 1) a defendant’s manipulative and disruptive behavior; 2) withdrawal of multiple attorneys based on a defendant’s consistent refusal to cooperate with any of them and constant complaints about the attorneys’ performance; 3) a defendant whose attitude is defiant and whose choices repeatedly result in delay, interfering with the process of justice; and 4) physical or verbal abuse directed at counsel or the court. State v. Suriano, 2017 WI 42, 374 Wis. 2d 683, 893 N.W.2d 543, 15-0959. The contention that a defendant cannot forfeit the right to counsel unless the defendant’s actions were done with an intent or purpose to delay is rejected. Contrary language in Coleman, 2002 WI App 100, and any other case requiring proof of intentional, purposeful delay is overruled. State v. Suriano, 2017 WI 42, 374 Wis. 2d 683, 893 N.W.2d 543, 15-0959. Shata, 2015 WI 74, and Ortiz-Mondragon, 2015 WI 73, stand for the proposition that, when the law is not “succinct, clear, and explicit,” counsel is not deficient by accurately warning a client of the “risk of adverse immigration consequences.” Defendant’s counsel had no constitutional duty to give specific, direct advice on how pleading guilty would affect the defendant’s possibilities for readmission beyond the accurate, generalized warnings that were given. State v. Villegas, 2018 WI App 9, 380 Wis. 2d 246, 908 N.W.2d 198, 15-2162. Circuit courts reviewing claims of ineffective assistance of counsel following multiple-count trials may conclude that deficient performance prejudiced only one of the multiple convictions. Strickland, 466 U.S. 668 (1984), clearly contemplates such a result and does not require reversal on all counts when the prejudice proven affected only a single count. State v. Sholar, 2018 WI 53, 381 Wis. 2d 560, 912 N.W.2d 89, 16-0897. The Strickland, 466 U.S. 668 (1984), prejudice test is distinct from a sufficiency of the evidence test. A defendant need not prove the outcome would more likely than not be different in order to establish prejudice in ineffective assistance cases. The defendant must prove there is a reasonable probability the jury would have acquitted the defendant absent the error. State v. Sholar, 2018 WI 53, 381 Wis. 2d 560, 912 N.W.2d 89, 16-0897. Counsel must either reasonably investigate the law and facts or make a reasonable strategic decision that makes any further investigation unnecessary. The court reviews the reasonableness of trial counsel’s decisions not with the benefit of hindsight, but in the context of the circumstances as they existed at the time counsel made the decisions. The court must consider the law and the facts as they existed when trial counsel’s conduct occurred. State v. Pico, 2018 WI 66, 382 Wis. 2d 273, 914 N.W.2d 95, 15-1799. To prove prejudice in a case alleging ineffective assistance of counsel, a defendant must establish that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. In the context of a plea withdrawal, a defendant must establish, through objective factual assertions, a reasonable probability that the defendant would not have pled and would have gone to trial but for counsel’s ineffective performance. State v. Jeninga, 2019 WI App 14, 386 Wis. 2d 336, 925 N.W.2d 574, 18-0826. A court’s conclusion that counsel violated the rules of professional conduct because counsel failed to meet the demands of SCR 20:1.4 (a) (2) cannot mean, ipso facto, that counsel performed deficiently within the meaning of Strickland, 466 U.S. 668 (1984). State v. Cooper, 2019 WI 73, 387 Wis. 2d 439, 929 N.W.2d 192, 16-0375. When an alleged deficiency in counsel concerns the plea process, Hill, 474 U.S. 52 (1985), says the prejudice component specifically requires that the defendant must show that there is a reasonable probability that, but for the counsel’s errors, the defendant would not have pleaded guilty and would have insisted on going to trial. A probability sufficient to undermine confidence exists when there is a “substantial,” not just “conceivable,” likelihood of a different result. When defendant’s counsel stated that, if the court were to allow the defendant to withdraw his plea, he still might decide to enter a plea, there is not a substantial likelihood of a different result, and, therefore, there is no prejudice shown. State v. Cooper, 2019 WI 73, 387 Wis. 2d 439, 929 N.W.2d 192, 16-0375. The Knight, 168 Wis. 2d 509 (1992)/Rothering, 205 Wis. 2d 675 (1996), framework remains the correct methodology for determining the appropriate forum for a criminal defendant to file a claim relating to the alleged ineffectiveness of counsel after conviction. Both Knight and Rothering premise their decisions on the forum in which the alleged ineffectiveness took place. Applying this framework, the circuit court is the appropriate forum for a claim that postconviction counsel is ineffective for failing to assert an ineffective trial counsel claim. State ex rel. Warren v. Meisner, 2020 WI 55, 392 Wis. 2d 1, 944 N.W.2d 588, 19-0567. To satisfy the first prong of an ineffective assistance of counsel claim, a defendant must establish, based on the totality of the circumstances, that counsel’s performance fell below an objective standard of reasonableness. Courts afford great deference to trial counsel’s conduct, presuming that it falls within the wide range of reasonable professional assistance. In this case, counsel did not provide ineffective assistance in failing to inform the defendant about legal precedent that does not provide the defendant with a defense. State v. Savage, 2020 WI 93, 395 Wis. 2d 1, 951 N.W.2d 838, 19-0090. Strategic choices made after less than complete investigation are reasonable only to the extent that reasonable professional judgment supports the limitations on the investigation. Here, trial counsel was aware of the victim’s prior allegedly false statement about the victim’s cousin. Counsel understood that prior false allegations were admissible pursuant to an exception to the rape shield law, and in any event, that exception was not an unsettled or obscure area of the law. Trial counsel’s unsupported assumption that evidence of the prior allegation would be inadmissible was therefore not a reasonable strategic decision and was not entitled to any deference. As such, trial counsel did not provide a reasonable strategic reason not to seek and introduce evidence of the victim’s prior allegedly false statement regarding the victim’s cousin. Accordingly, although counsel’s overall strategy was reasonable, counsel’s implementation of it was not, and counsel’s omissions constituted deficient performance. State v. Stroik, 2022 WI App 11, 401 Wis. 2d 150, 972 N.W.2d 640, 21-0447. When a defendant raises a postconviction challenge to a guilty or no contest plea, the court has adopted a default procedure and an alternate procedure. The default procedure, articulated in Bentley, 201 Wis. 2d 303 (1996), places the burden on the defendant to prove a plea’s deficiency. The alternate procedure, articulated in Bangert, 131 Wis. 2d 246 (1986), applies when the defendant makes a pointed showing of an error in the plea colloquy by reference to the plea colloquy transcript. Under the Bangert procedure, after the defendant identifies a deficiency, the burden shifts to the state to prove the conviction’s sufficiency. If a defendant collaterally attacking a prior operating while intoxicated/prohibited alcohol concentration conviction cannot point to a defect in the relevant transcript, the burden-shifting procedure under Bangert does not apply. Instead, the defendant must carry the burden to demonstrate that a violation occurred. State v. Clark, 2022 WI 21, 401 Wis. 2d 344, 972 N.W.2d 533, 20-1058. A defendant is entitled to a Machner, 92 Wis. 2d 797 (1979), hearing only when the defendant’s motion alleges sufficient facts, which if true, would entitle the defendant to relief. However, if the motion does not raise facts sufficient to entitle the defendant to relief, or if it presents only conclusory allegations, or if the record conclusively demonstrates that the defendant is not entitled to relief, the circuit court has the discretion to grant or deny a hearing. In this case, the defendant’s counsel did not perform deficiently by withdrawing a request for a self-defense instruction, and the circuit court did not erroneously exercise its discretion by denying the defendant’s motion without an evidentiary hearing. State v. Ruffin, 2022 WI 34, 401 Wis. 2d 619, 974 N.W.2d 432, 19-1046. See also State v. Spencer, 2022 WI 56, 403 Wis. 2d 86, 976 N.W.2d 383, 18-0942; State v. Jackson, 2023 WI 3, 405 Wis. 2d 458, 983 N.W.2d 608, 20-2119.