Ineffective Assistance of Counsel – Court Error

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. George D. Taylor

Case No.: 2015AP1325-CR

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

Focus: Ineffective Assistance of Counsel – Court Error

George Taylor appeals a judgment of conviction for felony murder following a jury trial at which the State presented evidence that Taylor, together with Steven Hopgood and Laquan Riley, participated in an armed robbery that resulted in the fatal shooting of Vincent Cort. 1 Taylor asks that we remand to the circuit court for a new trial. In the alternative, Taylor requests remand for an evidentiary hearing to address issues raised in his motion for post-conviction relief Taylor argues that a new trial is required because: (1) the State failed to disclose three categories of material, exculpatory evidence in time for his use at trial, in violation of the constitutional principles described in Brady v. Maryland, 373 U.S. 83, 87 (1963); (2) the circuit court erroneously exercised its discretion in denying a mistrial motion based on improper statements by a prosecutor; (3) the circuit court unconstitutionally truncated his right to confront a witness; (4) the circuit court violated his due process rights by not trying Taylor separately from his codefendants; (5) his trial counsel provided ineffective assistance in multiple ways and the circuit court should have granted a Machner2 hearing on these claims; and (6) the interest of justice requires it. In addition, Taylor argues that resentencing is required because the sentencing court relied on inaccurate information. We reject each of Taylor’s arguments except one, his argument that he is entitled to a Machner hearing on his claim that his trial counsel provided

ineffective assistance in failing to call a witness at trial who could have directly impeached testimony of the State’s main witness at trial, Paris Saffold, that Taylor drove a white BMW as the getaway car for alleged shooter Riley. We therefore affirm in part, reverse in part, and remand for further proceedings, namely, a Machner hearing.

Full Text

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.