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Ineffective Assistance of Counsel

By: Derek Hawkins//July 20, 2016//

Ineffective Assistance of Counsel

By: Derek Hawkins//July 20, 2016//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Clveland F. Powell

Case No.: 2015AP852-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Ineffective Assistance of Counsel

Cleveland Powell, convicted by a jury of three counts of burglary of a building or dwelling and one count of theft of movable property, appeals his convictions and the order denying his postconviction motion for a new trial. Powell alleges his trial attorney was ineffective for failing to call Nicholas Raimondi as a witness at trial and for failing to introduce DNA evidence from a state crime lab report. We agree with Powell’s claim concerning his attorney’s failure to call Raimondi as a witness. We therefore reverse the judgment of convictions and order denying postconviction relief, and remand to the circuit court for further proceedings.

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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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