Commitments – Ineffective Assistance of Counsel

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Criminal

WI Court of Appeals – District I

Officials: Curley, P.J., Brennan and Bradley, JJ.

Commitments – Ineffective Assistance of Counsel

14AP1944 State of Wisconsin v. Jon F. Winant

Appellant Jon F. Winant appeals the trial court’s judgment and commitment order, entered after a bench trial, where the trial court found that Winant was a sexually violent person pursuant to WIS. STAT. § 980.01 (2011-12). Winant also appeals the postcommitment order summarily denying his claim of ineffective assistance of counsel. Winant claims his trial counsel gave him ineffective assistance because trial counsel failed to: (1) object when the State asked the trial court to admit as exhibits the Notice of Violation and Receipt, the Violation Investigation Report, and the Revocation Summary; and (2) object on hearsay grounds when a Department of Corrections agent testified about a note from a social worker reporting that Winant admitted to propositioning a fourteen year-old girl. He asks us to reverse and remand for a Machner hearing. Because the record conclusively demonstrates that Winant’s trial counsel was not ineffective, we affirm.

Decision

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.