Ineffective Assistance of Counsel

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Criminal

WI Court of Appeals – District III

Officials:  Stark, P.J., Hruz, J., and Thomas Cane, Reserve Judge

Ineffective Assistance of Counsel

2014AP2083 State of Wisconsin v. John L. Phillips

John Phillips appeals an order adjudging him to be a sexually violent person under WIS. STAT. ch. 980 and an order denying his motion for a new trial based on ineffective assistance of counsel.1 On appeal, Phillips asserts he is entitled to a new trial because his attorney rendered ineffective assistance by: (1) failing to object to expert testimony regarding what Phillips labels an “extrapolation formula” describing Phillips’ risk to reoffend; and (2) failing to object to a psychologist’s testimony, given in the context of her diagnosis of antisocial personality disorder, regarding Phillips’ history of deception and lying, and to closing argument based on that testimony. We conclude Phillips’ trial counsel did not perform deficiently in either respect, and we therefore affirm.

Decision

Affirmed. Per Curiam

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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.