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Ineffective Assistance of Counsel

By: Derek Hawkins//November 5, 2015//

Ineffective Assistance of Counsel

By: Derek Hawkins//November 5, 2015//

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Criminal

Court of Appeals – District IV

Officials: Higginbotham, Sherman and Blanchard, JJ

Ineffective Assistance of Counsel

2015AP366-CR State of Wisconsin v. Stanley J. Maday, Jr.

Stanley J. Maday, Jr. appeals his conviction for three counts of first-degree sexual assault of a child, in violation of WIS. STAT. § 948.02(1)(b) and (e) (2013-14), and an order denying his motion for postconviction relief. Maday contends that his trial counsel was ineffective. Maday argues that trial counsel performed deficiently by failing to object to testimony that he asserts was impermissible expert opinion testimony to the effect that the victim was telling the truth when the victim made a statement incriminating Maday, and that Maday was prejudiced by the expert’s impermissible testimony. Maday raises other issues that we need not address because we agree with Maday that his trial counsel was ineffective.

Reversed and Remanded. 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.

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