Court Error – Ineffective Assistance of Counsel

By: Derek Hawkins//April 25, 2017//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Leroy K. Zittlow

Case No.: 2015AP2244

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

Focus: Court Error – Ineffective Assistance of Counsel

Leroy Zittlow appeals an order denying his WIS. STAT. § 974.06 (2015-16) motion for postconviction relief. Zittlow argues the circuit court erroneously exercised its sentencing discretion by relying on improper or inaccurate information and his trial counsel was ineffective by failing to object. Because Zittlow has failed to preserve his challenge to the circuit court’s sentencing discretion and his derivative ineffective assistance claim, we will not address them. Zittlow alternatively appears to seek resentencing based on the ineffective assistance of his trial counsel, as alleged in his postconviction motion. We reject Zittlow’s preserved arguments and affirm 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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