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Court Error – Ineffective Assistance of Counsel

By: Derek Hawkins//July 11, 2017//

Court Error – Ineffective Assistance of Counsel

By: Derek Hawkins//July 11, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jesse Steven Poehlman

Case No.: 2016AP1074-CR

Officials: Brennan, P.J., Kessler and Dugan, JJ

Focus: Court Error – Ineffective Assistance of Counsel

Jesse Steven Poehlman appeals from a judgment of conviction, entered on a jury verdict, and an order denying his postconviction motion. The jury convicted Poehlman on five counts related to an incident in February 2015 in which he sexually assaulted, battered, strangled, and falsely imprisoned N., his pregnant wife, over a period of several hours. The jury acquitted him of charges of battery and sexual assault of N. in December 2014.

Poehlman raises two arguments on appeal. First he argues that trial counsel was ineffective when he failed to object to the trial testimony of N.’s coworker on the grounds that the State failed to disclose the witness and the police reports concerning her interview prior to trial. On this claim he argues that he has alleged sufficient facts to warrant an evidentiary hearing. Secondly, he argues that an affidavit of Daniel Neeley, obtained after conviction, constitutes newly discovered evidence that corroborates his testimony and warrants a new trial. We disagree and 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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