Ineffective Assistance of Counsel

By: Derek Hawkins//April 19, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Christopher Daniel Brown

Case No.: 2016AP369-CR

Officials: Brennan, P.J., Kessler and Brash, JJ

Focus: Ineffective Assistance of Counsel

Christopher Daniel Brown appeals from a judgment of conviction for one count of resisting or obstructing an officer and one count of throwing or discharging bodily fluid at a public safety worker, contrary to WIS. STAT. §§ 946.41(1) and 941.375(2) (2013-14). Brown also appeals from the denial of his postconviction motion. Brown argues that his trial counsel provided ineffective assistance in two ways. He also argues that § 941.375(2) is unconstitutional as applied in this case. We conclude that the trial court did not erroneously exercise its discretion when it denied Brown’s ineffective assistance claims without a hearing, and we decline to address the merits of Brown’s constitutional challenge because it is raised for the first time on appeal. We affirm the judgment and the 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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