Ineffective Assistance of Counsel and Inadmissible Evidence

By: Derek Hawkins//July 12, 2017//

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WI Supreme Court

Case Name: State of Wisconsin v. Lewis O. Floyd, Jr.

Case No.: 2017 WI 78

Focus: Ineffective Assistance of Counsel and Inadmissible Evidence

A law enforcement officer discovered a cache of controlled substances when he performed a warrantless——but allegedly consensual——search of Lewis O. Floyd, Jr. during a traffic stop. Mr. Floyd says that because the officer extended the traffic stop without the necessary reasonable suspicion, his alleged “consent” was void and the evidence obtained from the search should have been suppressed. Mr. Floyd also says he received ineffective assistance of counsel at the suppression hearing because his trial counsel failed to present testimony Mr. Floyd believes would have established he was not asked to consent to a search.

Affirmed

Concur:

Dissent: A.W. Bradley, J., Abrahamson, J.

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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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