Court Error – Abuse of Discretion

By: Derek Hawkins//August 9, 2017//

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WI Court of Appeals – District III

Case Name: 2015AP2261-CR

Case No.: State of Wisconsin v. Brian M. Cooper

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

Focus: Court Error – Abuse of Discretion

Brian Cooper appeals an amended judgment of conviction entered following a jury trial for two counts of first-degree intentional homicide and one count of third-degree sexual assault. He also appeals an order denying his motion for postconviction relief. Cooper argues: (1) his constitutional rights to counsel and due process were violated when the circuit court denied his request to substitute counsel and for an adjournment of the trial; (2) the circuit court erroneously exercised its discretion by excluding certain opinions from his expert witness, Dr. Richard Tovar; and (3) the exclusion of Tovar’s opinions violated his constitutional right to present a defense. 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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