Ineffective Assistance of Counsel

By: Derek Hawkins//November 24, 2015//

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Criminal

WI Court of Appeals: District I

Officials: Higginbotham, Sherman and Blanchard, JJ.

Ineffective Assistance of Counsel

2014AP1943 State of Wisconsin v. Allen Dell Vaughn

Allen Vaughn appeals from an order that denied, without a hearing, his motion for a new trial on a conviction for attempted first- degree intentional homicide. Vaughn contends that counsel provided ineffective assistance by not pursuing at trial a claim of unnecessary defensive force after having previously raised a claim of perfect or imperfect self-defense in a motion in limine. For the reasons explained below, we conclude that counsel had an insufficient basis to meet the burden of production on a claim of unnecessary defensive force, and therefore acted within professional norms in abandoning the claim at trial.

Affirmed. Per Curiam.

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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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