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. In this case, the defendant’s 6th amendment right to counsel was not violated because the defendant’s co-inmate was not acting as a state agent when the inmate recorded the inmate’s conversations with the defendant. State v. Arrington, 2022 WI 53, 402 Wis. 2d 675, 976 N.W.2d 453, 19-2065. The 6th amendment right to counsel attaches at all critical stages of the criminal process. The U.S. Supreme Court has recognized as critical stages those steps of a criminal proceeding that involve some adversarial confrontation. Wisconsin courts have determined that voir dire, jury instructions, and jury deliberations constitute critical stages at which the right to counsel attaches. In this case, the judge’s ex parte meeting with a juror regarding the juror’s health did not constitute a critical stage of the proceedings because the meeting: 1) occurred prior to deliberations; and 2) involved only a discussion of the juror’s health and ability to proceed. Both the timing and substance of the communications dictated that counsel’s absence did not result in a constitutional violation. State v. Spencer, 2022 WI 56, 403 Wis. 2d 86, 976 N.W.2d 383, 18-0942. Defense counsel waiving opening statement is an acceptable trial strategy. In this case, trial counsel did not know how or even whether the defendant would testify, so it was perfectly reasonable for counsel to waive the opening statement and avoid making promises to the jury counsel could not keep. Trial counsel was not ineffective for choosing to waive opening statement. State v. Hineman, 2023 WI 1, 405 Wis. 2d 233, 983 N.W.2d 652, 20-0226. To succeed on a claim under McCoy, 584 U.S. ___, 138 S. Ct. 1500 (2018), a defendant must show that: 1) the defendant expressly asserted that the objective of the defense was to maintain innocence of the charged criminal acts; and 2) the lawyer did not abide by that objective and overrode it by conceding guilt. In this case, the defendant’s constitutional right to maintain innocence as the objective of the defendant’s defense to a sexual assault charge was not violated when trial counsel told the jury that the alleged sexual contact had occurred but that it was accidental and with no intent to get sexual gratification. State v. Tung, 2023 WI App 33, 408 Wis. 2d 544, 993 N.W.2d 706, 21-1705. A preliminary hearing to determine probable cause for detention pending further proceedings is not a “critical stage” in a prosecution requiring appointed counsel. Gerstein v. Pugh, 420 U.S. 103, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975). When the defendant’s right to counsel was violated by a corporeal identification conducted in court without counsel, the prosecution could not introduce identification evidence even though the identification had an independent source. Moore v. Illinois, 434 U.S. 220, 98 S. Ct. 458, 54 L. Ed. 2d 424 (1977). The right to counsel was not violated when a permissible jury instruction, intended for the defendant’s benefit, was given over defense counsel’s objections. Lakeside v. Oregon, 435 U.S. 333, 98 S. Ct. 1091, 55 L. Ed. 2d 319 (1978). An indigent defendant is not entitled to appointed counsel when charged with an offense for which imprisonment is authorized but not imposed. Scott v. Illinois, 440 U.S. 367, 99 S. Ct. 1158, 59 L. Ed. 2d 383 (1979). In order to demonstrate a violation of the right to counsel, the defendant must establish that an actual conflict of interest adversely affected the counsel’s performance. Cuyler v. Sullivan, 446 U.S. 335, 100 S. Ct. 1708, 64 L. Ed. 2d 333 (1980). The government violated the defendant’s right to counsel by placing a paid informant in the same cell who deliberately elicited incriminating statements. United States v. Henry, 447 U.S. 264, 100 S. Ct. 2183, 65 L. Ed. 2d 115 (1980). Since a criminal defendant has no constitutional right to counsel to pursue a discretionary state appeal, the defendant could not be deprived of effective counsel by counsel’s failure to timely file an application for certiorari. Wainwright v. Torna, 455 U.S. 586, 102 S. Ct. 1300, 71 L. Ed. 2d 475 (1982). Without surrounding circumstances making it unlikely that the defendant received effective assistance of counsel, a claim of ineffective assistance must be supported by demonstrating specific errors made by trial counsel. United States v. Cronic, 466 U.S. 648, 104 S. Ct. 2039, 80 L. Ed. 2d 657 (1984). To support a claim of ineffective assistance of counsel, the defendant must show a probability, sufficient to undermine confidence in the outcome, that but for counsel’s unprofessional errors, the result of the proceeding would have been different. Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). Indigent inmates held in administrative segregation during the investigation of a prison murder were not entitled to counsel prior to the initiation of adversary judicial proceedings against them. United States v. Gouveia, 467 U.S. 180, 104 S. Ct. 2292, 81 L. Ed. 2d 146 (1984). An accused’s postrequest responses to further interrogation may not be used to cast retrospective doubt on the clarity of an initial request for counsel. Smith v. Illinois, 469 U.S. 91, 105 S. Ct. 490, 83 L. Ed. 2d 488 (1984).