Ineffective Assistance of Counsel – Right to Fair Trial

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Criminal

7^th Circuit Court of Appeals

Officials: BAUER, MANION, and HAMILTON, Circuit Judges.

Ineffective Assistance of Counsel – Right to Fair Trial

14-1164 Cory Welch V. Randall Hepp

Where overwhelming evidence against appellant, and failure to make a showing of prejudice to his case trivialized admission of statements referencing appellants other criminal charges into evidence, ultimately trumping his claim for ineffective assistance of counsel and violations of right to a fair trial.

“The record supports the state court’s application of Strickland and its conclusion that no prejudice resulted from any error. The Wisconsin appellate court considered the substantial quantity and quality of the evidence against Welch, including the victims’ testimony establishing a clear modus operandi, Welch’s flight from law enforcement, his accomplices’ testimony identifying him as a participant in multiple robberies, the DNA found on the ski masks, and the duffel bag found in “the Moneymaker,” not to mention the existence and name of “the Moneymaker” itself. We also cannot overlook the victims’ testimony as to the robbers’ heights, weights, and skin tones even if the victims could not identify faces. See, e.g., United States v. Birk, 453 F.3d 893, 899 (7th Cir. 2006) (no prejudice from counsel’s failure to object to improper character evidence when evidence against defendant was overwhelming); Cooper v. United States, 378 F.3d 638, 642 (7th Cir. 2004) (no prejudice when counsel failed to object to improper evidence where evidence of guilt was strong).”

Affirmed

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.