Please ensure Javascript is enabled for purposes of website accessibility

Ineffective Assitance of Counsel

By: Derek Hawkins//August 17, 2016//

Ineffective Assitance of Counsel

By: Derek Hawkins//August 17, 2016//

Listen to this article

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

Full Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests