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Ineffective Assistance of Counsel

By: Derek Hawkins//June 7, 2017//

Ineffective Assistance of Counsel

By: Derek Hawkins//June 7, 2017//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Michael S. Thompson-Jones

Case No.: 2016AP361-CR

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

Focus: Ineffective Assistance of Counsel

At a jury trial Michael Thompson-Jones was convicted of battery, disorderly conduct, and second-degree sexual assault—use or threat of force or violence. He appeals the judgment of conviction and the order denying his motion for post-conviction relief, based primarily on arguments that: (1) his trial counsel provided ineffective assistance in failing to request a jury instruction for the lesser-included offense of third-degree sexual assault; (2) trial counsel was ineffective in making inadequate use of a written statement that the alleged victim gave police; and (3) the evidence was insufficient to prove that he used or threatened force or violence to have nonconsensual sexual intercourse with the victim. We reject each argument 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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