Postconviction Motions Denied and Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Justin T. Winston

Case No.: 2015AP1419-CR

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

Focus: Postconviction Motions Denied and Ineffective Assistance of Counsel

Justin T. Winston appeals from a judgment of conviction for one count of first-degree intentional homicide as a party to a crime and one count of being a felon in possession of a firearm, contrary to WIS. STAT. §§ 940.01(1)(a), 939.05, and 941.29(2) (2009-10).  Winston also appeals from the denial of two postconviction motions. On appeal, Winston argues that “the trial court erred when it decided that there was no Batson violation at the jury trial and when it denied [the] postconviction motion on this issue.” See Batson v. Kentucky, 476 U.S. 79 (1986). Winston also argues that if this court concludes that he forfeited “the Batson issue because his trial counsel did not initially raise it,” then his trial counsel provided ineffective assistance for not raising the issue. We affirm the judgment and orders.

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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.