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Court Error – Ineffective Assistance of Counsel

By: Derek Hawkins//May 3, 2017//

Court Error – Ineffective Assistance of Counsel

By: Derek Hawkins//May 3, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Laquan Jay Riley

Case No.: 2015AP2125-CR

Officials: Kloppenburg, P.J., Lundsten, and Blanchard, JJ.

Focus: Court Error – Ineffective Assistance of Counsel

Laquan Riley appeals a judgment of conviction for second-degree reckless homicide with a dangerous weapon, attempted armed robbery, and felon in possession of a firearm following a jury trial at which the State presented evidence that Riley, together with Steven Hopgood and George Taylor, participated in an armed robbery in which Riley fatally shot Vincent Cort. Riley argues that a new trial is required because the circuit court erroneously exercised its discretion in denying mistrial motions based on two sets of improper statements by a prosecutor. Separately, although Riley’s request for relief is unclear, he suggests that his trial counsel provided ineffective assistance in failing to request that the jury be instructed on the lesser included offense of felony murder, because if he had been convicted of felony murder instead of second degree reckless homicide and attempted armed robbery, his maximum sentence would have been lower. We reject Riley’s mistrial-related arguments for reasons that we have already explained in a separate opinion and conclude that Riley’s ineffective assistance argument is undeveloped. Accordingly, we 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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