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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. S.D.

Case No.: 2016AP1701; 2016AP1702

Officials: Brennan, P.J.

Focus: Court Error – Ineffective Assistance of Counsel

S.D. appeals the order terminating her parental rights to two of her four children—Q.R.P., born April 18, 2007, and J.L.J., born April 8, 2009—and the order denying her post-disposition motion. She raises four arguments on appeal. First, she contends that the trial court erred in admitting the Parenting Capacity Assessment (“PCA”) report and testimony of the State’s expert, Dr. Michelle Iyamah, over trial counsel’s Daubert objection. Second, she claims her two trial counsel were ineffective in failing to obtain and present her own expert’s report to criticize Dr. Iyamah’s opinions and methods. Third, she argues that trial counsel were ineffective for failing to raise an “as-applied” due process challenge to the standard jury instruction for WIS JI—CHILDREN 346, Failure to Assume Parental Responsibility. And fourth, she contends that she is entitled to a new trial in the interest of justice because the real controversy was not tried under WIS. STAT. § 752.35. For the reasons that follow we reject her arguments and affirm the trial court orders terminating her parental rights and denying her post-disposition motion.

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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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