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Ineffective Assistance of Counsel

By: Derek Hawkins//November 10, 2015//

Ineffective Assistance of Counsel

By: Derek Hawkins//November 10, 2015//

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Criminal

WI Court of Appeals – District II

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Ineffective Assistance of Counsel

2014AP290 State of Wisconsin v. Ronnie L. Famous

Ronnie L. Famous appeals from an order denying his WIS. STAT. § 974.06 (2013-14) postconviction motion for a new trial on grounds including ineffective assistance of counsel, newly discovered evidence, and failure to try the controversy fully. We reject Famous’s contentions with the exception that, as the State concedes, he is entitled to an evidentiary hearing on whether postconviction counsel was ineffective for failing to raise the ineffective assistance of trial counsel who did not call two witnesses to testify on Famous’s behalf. Thus, we reverse in part and remand for an evidentiary hearing on that claim, but otherwise affirm.

Reversed and remanded in part.

Affirmed in Part.

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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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