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Ineffective Assistance of Counsel – Evidence

By: Derek Hawkins//July 5, 2017//

Ineffective Assistance of Counsel – Evidence

By: Derek Hawkins//July 5, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Matthew Ray Taylor

Case No.: 2016AP682-CR

Officials: Kessler, Brash and Dugan, JJ.

Focus: Ineffective Assistance of Counsel – Evidence

Matthew Ray Taylor appeals from his judgment of conviction, entered upon a jury’s verdict, for first-degree reckless homicide while using a dangerous weapon, first-degree reckless injury while using a dangerous weapon, and being a felon in possession of a firearm. These charges stemmed from a drug deal that resulted in two men being shot, one fatally.

Taylor subsequently filed a postconviction motion seeking a new trial, or alternatively, an evidentiary hearing, claiming there was new evidence in the form of three witnesses who had previously remained silent out of concern for their safety. Taylor also sought a new trial on grounds of ineffective assistance of counsel based on his trial counsel’s failure to call any witnesses at trial, as well as failing to object to the witnesses’ out-of-court identification of Taylor. Alternatively, he requested a Machner hearing on this issue. The trial court rejected both arguments without a hearing. 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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