6th Amendment – Suppression of Evidence – Ineffective Assistance of Counsel

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Criminal

Court of Appeals – District IV

Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ.

6^th Amendment – Suppression of Evidence – Ineffective Assistance of Counsel

2014AP963-CR State of Wisconsin v. Craig K. Ash

Craig Ash appeals a judgment of conviction, following a jury trial, for operating while intoxicated, fourth offense, failure to install an ignition interlock device, and operating a vehicle after revocation of his license. He also appeals an order denying postconviction relief. Ash contends that: (1) he was denied his Sixth Amendment rights when the circuit court erroneously determined that Ash had forfeited his right to counsel and was not competent to proceed pro se; (2) police illegally searched Ash’s garage, requiring suppression of evidence obtained in that search and in a subsequent interrogation of Ash; (3) he was denied the effective assistance of counsel when his counsel failed to argue that Ash’s statements to police were involuntary, failed to obtain expert testimony on the issue of blood alcohol concentration, and failed to present evidence that the damage to Ash’s vehicle was caused by an earlier collision with a gas station stanchion; and (4) the evidence was insufficient to support the jury verdicts.

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.