Ineffective Assistance of Counsel

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

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Victor H. Benitez

Case No.: 2015AP1602-CR

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

Focus: Ineffective Assistance of Counsel

his case arises from a single-car accident in which four of the five occupants were killed. Victor Benitez, the sole survivor, appeals from a judgment of conviction and an order denying his motion for postconviction relief. Following a jury trial, Benitez was convicted of thirteen counts, including twelve homicide-related charges. Benitez argues that: (1) the evidence was insufficient to support the jury’s conclusion that he was driving the car at the time of the crash; (2) the circuit court erred in denying his ineffective assistance of counsel claims without a hearing; and (3) his sentence was unduly harsh. We reject each of these claims and 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.

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