Ineffective assistance of counsel

By: Derek Hawkins//September 29, 2015//

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Criminal

WI Court of Appeals – District I

Officials: Kessler, Brennan and Bradley, JJ.

Ineffective assistance of counsel

2014AP2598-CR State of Wisconsin v. Omega Charles Merchant

Omega Charles Merchant appeals from a judgment of conviction entered after a jury found him guilty of three counts of second-degree sexual assault of a child under the age of sixteen. See WIS. STAT. § 948.02(2) (2011-12). Merchant also appeals from an order denying his postconviction motion without a hearing. Merchant claims that his trial counsel was ineffective for failing to object to testimony describing Merchant’s reaction to police prior to his arrest. Alternatively, if the testimony was admissible, Merchant claims his trial counsel was ineffective for failing to present evidence that Merchant had reasons independent from the allegations in this case for his reaction to the police. We disagree and therefore affirm.

Decision

Affirmed. Per Curiam.

Full Text

Attorney Derek A. Hawkins is the managing partner 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.

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