Ineffective Assistance of Counsel – Juror Confusion

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Criminal

Court of Appeals – District III

Officials: Stark, P.J., Hruz and Seidl, JJ.

Ineffective Assistance of Counsel – Juror Confusion

2014AP2784-CR State of Wisconsin v. Richard L. Brabson

Richard Brabson appeals a judgment of conviction for felony criminal damage to property and disorderly conduct and an order denying his motion for postconviction relief. Brabson argues his trial counsel was ineffective for failing to request a proper jury instruction regarding the law of easements, seeks a new trial in the interest of justice due to juror confusion regarding easements, argues there was insufficient evidence that the criminal damage to property exceeded $2500, and argues the trial court improperly ordered restitution for the victims’ attorney’s fees. We reject Brabson’s arguments, except that we agree some of the attorney’s fees were not properly ordered to be paid as restitution. Accordingly, we affirm in part, reverse in part, and remand for the circuit court to recalculate the attorney’s fees awarded as restitution.

Affirmed in Part. Reversed and Remanded in Part. 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.