Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Tony Phillip Rogers

Case No.: 2015AP921-CR

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

Focus: Ineffective Assistance of Counsel

Tony Phillip Rogers appeals from a judgment of conviction of four counts of first-degree sexual assault of a child––sexual contact with a person under the age of thirteen and one count of incest with a child, contrary to WIS. STAT. §§ 948.02(1) and 948.06(1) (2013-14), entered after a jury trial. Rogers contends on appeal that: (1) his trial counsel was ineffective for failing to seek admission of the victim’s mental health records; (2) the trial court erred when it denied his request to introduce other acts evidence at trial in an attempt to show prior fabrication by the victim; and (3) the trial court erred by denying his motion for a mistrial after his jail-issued wristband became visible to the jury. We affirm because we conclude: (1) Rogers has not shown that his trial counsel performed deficiently nor has he shown any prejudice from that representation; and (2) the trial court properly exercised its discretion in denying both Rogers’s motion to admit other acts evidence of the victim and his motion for a mistrial. We discuss each issue in turn below.

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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.