Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Daniel D. Utecht

Case No.: 2015AP886; 2014AP887

Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ.

Focus: Ineffective Assistance of Counsel

Daniel Utecht appeals two judgments of conviction for child sexual assault, following a jury trial in these consolidated cases: one count of repeated first degree sexual assault of L.J.H., and one count of repeated first degree sexual assault of T.C.H. Utecht also appeals the order denying his WIS. STAT. § 974.06 (2013-14) postconviction motion for relief. Utecht argues that his trial attorneys were ineffective by: (1) failing to object to or limit the admission of evidence of a previous “domestic incident” involving Utecht; (2) failing to cross examine L.J.H. about whether she had lied to police about that “domestic incident;” (3) failing to elicit evidence that Utecht had offered to take a polygraph test; and (4) telling Utecht that they would not ask him any questions if he testified. We conclude that Utecht’s trial attorneys were not ineffective, and, therefore, we affirm.

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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.