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Ineffective Assistance of Counsel

By: Derek Hawkins//February 28, 2017//

Ineffective Assistance of Counsel

By: Derek Hawkins//February 28, 2017//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. John W. Clardy

Case No.: 2015AP2554-CR

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

Focus: Ineffective Assistance of Counsel

John Clardy appeals a judgment convicting him of delivering heroin within 1000 feet of a park, two counts of delivering heroin, conspiracy to deliver heroin, and possession of THC. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of

trial counsel. He contends his trial counsel was ineffective for (1) failing to object to the introduction of a threatening statement that he made in a jail telephone call and (2) failing to object to the prosecutor’s closing rebuttal argument that there was “nothing to refute” the State’s evidence. Because we conclude Clardy failed to establish ineffective assistance of trial counsel, we affirm the judgment and order.

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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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