Postconviction Motion Denied and Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin V. Derrell R. Pickett

Case No.: 2016AP384-CR

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

Focus: Postconviction Motion Denied and Ineffective Assistance of Counsel

Derrell R. Pickett, pro se, appeals from a judgment of conviction, entered upon a jury’s verdict, on one count of possession with intent to deliver more than forty grams of cocaine as party to a crime as a second or subsequent offense. Pickett also appeals from an order denying his motions for postconviction discovery and relief. Pickett makes multiple claims of error that he believes warrant reversal of his conviction and dismissal of the charge against him. We reject Pickett’s arguments and affirm the judgment and order.

On appeal, Pickett raises what we perceive to be seven claims of error that he believes warrant reversal of his conviction and dismissal of the charge: (1) he should have been given a Franks/Mann hearing; (2) photos of his impounded money were improperly used at trial; (3) the defective DVD recording constitutes a discovery violation and he should have been granted postconviction discovery to obtain another copy; (4) the circuit court erred in concluding his newly discovered evidence did not warrant relief; (5) the prosecutor committed misconduct; (6) his trial attorney was ineffective; and (7) the interests of justice require it. We address each of these claims in turn.

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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.