By: Derek Hawkins//August 17, 2016//
WI Court of Appeals – District III
Case Name: State of Wisconsin v. Frank W. Jakubiec
Case No.: 2014AP2758
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Ineffective Assitance of Counsel
Frank Jakubiec appeals a judgment convicting him of arson with intent to defraud as a party to a crime. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. He contends his counsel was ineffective for three reasons:
(1) counsel failed to impeach Rae Mackin’s testimony that Jakubiec admitted setting the fire by introducing evidence that Mackin wanted Jakubiec to be sent to prison to gain advantage in a juvenile court proceeding regarding their three children; (2) counsel failed to impeach Tammi McGillivray’s testimony that Jakubiec admitted starting the fire by establishing she wanted Jakubiec to go to prison to avoid his accusing her of theft; and (3) counsel failed to call Jakubiec’s brother, Louis, to testify that he replaced a metal part of the halogen lamp that started the fire with a plastic piece, which would support Jakubiec’s claim that the fire was accidentally started. We reject these arguments and affirm the judgment and order