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Motion to Vacate – Competency

By: Derek Hawkins//March 1, 2017//

Motion to Vacate – Competency

By: Derek Hawkins//March 1, 2017//

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WI Court of Appeals – District III

Case Name: Eau Claire county Sheriff’s Department v. Duane D. Collier

Case No.: 2016AP366

Officials: Stark, P.J.

Focus: Motion to Vacate – Competency

Duane Collier appeals an order denying his motion to vacate a 1992 Eau Claire County Circuit Court judgment of conviction for firstoffense operating while intoxicated (OWI). He argues this judgment should be vacated because the court lacked competency to exercise subject matter jurisdiction and convict him of first-offense OWI when the offense in question should have been properly charged as a criminal second-offense OWI. Collier also argues the Eau Claire County Sheriff’s Department (the County) lacked authority to prosecute the matter. We conclude Collier forfeited his right to challenge both the court’s competency to proceed and the County’s authority to prosecute this case and, accordingly, 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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