Plain Error and Newly Discovered Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Eric J. Hodkiewicz

Case No.: 2016AP359

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Plain Error and Newly Discovered Evidence 

Eric Hodkiewicz was convicted of nine offenses, based on allegations that he harassed and physically assaulted his now-ex-wife, S.P., during the course of their acrimonious divorce and child custody dispute. On appeal, Hodkiewicz argues he is entitled to a new trial based on plain error, ineffective assistance of trial counsel, and newly discovered evidence. In the alternative, he seeks a new trial in the interest of justice. Finally, Hodkiewicz claims his convictions and consecutive sentences for both bail jumping and the underlying offense (strangulation and suffocation) violated his right to be free from double jeopardy.

We reject each of Hodkiewicz’s appellate arguments, with one exception. We agree that Hodkiewicz’s trial attorney rendered ineffective assistance by failing to object to an officer’s testimony that S.P. told him she received a particular telephone call “on her work phone.” We therefore reverse Hodkiewicz’s convictions on Counts 2 and 3 and the related portions of the order denying Hodkiewicz’s motion for postconviction relief, and we remand for further proceedings on those counts. In all other respects, we affirm Hodkiewicz’s judgment of conviction and the order denying postconviction relief.

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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.